We took instructions in 2016 in an employer liability case in which the client had an accident due to an unsafe workplace which caused a significant knee injury. The client’s case was delayed due to surgery having to be carried out before the full extent of the injuries could be assessed. Attempts were made by us to speed up the process by asking the Defendant’s to foot the bill for private surgery for the client. This was refused therefore the client had to wait for his surgery through the NHS. Court proceedings therefore had to be issued in order to keep the matter in time. After the surgery was carried out it was clear the client’s working capacity would be limited. As such, we had to engage the services of a forensic accountant to provide a detailed report into future loss of earnings that the client would suffer for the rest of his working life. After numerous medical reports from knee specialists were obtained, the Defendant solicitors made offers of settlement in the case which were deemed unsatisfactory by us and the barrister he engaged in the case. The client was advised to reject these offers and take the matter to trial, and he was happy to take this advice and proceed to have the matter listed of hearing in the High Court.
Prior to the case going to hearing the Defendant’s solicitors made an improved offer in an attempt to settle the case without going to trial. After taking further advice from the forensic accountants regarding future loss of earnings, the client was happy to accept the improved offer and was delighted with the result and the way the case was handled throughout.