Levenes secured £80,000 settlement after previous solicitors turned down the case
£80,000.00 award for injured factory worker hit by falling crane load
Levenes Solicitors have negotiated the settlement of a claim for a factory worker who suffered a knee injury at work. The Claimant was working as a crane operator inside a factory. The crane was an overhead crane which was used to lift bundles of heavy metal pipes from storage racks into the back of a trailer. The Claimant operated the crane using a remote-control device.
A claim was made by his previous solicitors, but liability was denied. The previous solicitors decided that they could proceed no further as they did not believe that the claim would be successful.
The Claimant turned to Levenes. After the file was transferred, we reviewed all the documentation received from the defendant, including CCTV and photographs from the day of the accident.
Contrary to the views of the previous solicitors, Levenes Solicitors believed that the case could be won
A detailed statement was taken from the Claimant, a medical report about his injuries was commissioned and proceedings were issued.
The defendant continued to deny liability.
They alleged that the Claimant was experienced and trained and should have been able to operate the crane without risk of dropping the load. They even blamed him for standing too close to the load, ignoring the fact, proven by photographs, that the workplace was so cluttered that there was very little space for him to stand. He stood where he was so that he could see the load and that put him in a danger area. The dispute about liability concerned these points and specifically how to safely move a load slung underneath a crane.
There was a dispute as to the size of the load and how it should be safely lifted. The Claimant reported that the metal pipes had been greased and were slippery and this contributed to them falling out of the bundle, a fact which the company denied.
The Claimant returned to work after many months and was able to take photographs and report to us changes of work practices.
Levenes Solicitors considered in detail all the arguments and the evidence and instructed an expert engineer who was asked to advise on how the job could have been done more safely.
Levenes Solicitors then filed with the court a detailed reply to all the Defendant’s points.
Levenes have pursued a number of successful accidents claim that were rejected by other solicitors
Soon after, the Defendant made an offer of settlement which represented the full value of the claim despite the attempts by the Defendant to blame him.
Levenes Solicitors have many years of experience of handling difficult and complex work accident cases and we are often asked by clients who have been turned down by other lawyers to take over their cases. Every case has to be considered on its merits.
The Claimant was represented by Tim Beasley, Head of Catastrophic Injury. Commenting on the case, Tim said “When we first heard from the Claimant, we were moved by his story and wanted to help. Even before we saw the evidence, we had a feeling we could achieve a positive outcome, whatever the previous solicitors might have thought, and the more we looked into the case, the more confident we became. This case illustrates just how important it is to speak to a specialist solicitor for complex work accident cases.”
The Claimant gave us a 5-star review and said :- ‘’I was injured in a serious accident at work when operating a crane. The load fell on me and I was knocked to the ground and I injured my knee.
I was represented by another solicitor but when the insurance company denied liability, they turned me down. I lost all hope and thought that I would not be able to claim. I was going to give up, but then I turned to Levenes Solicitors and instructed Dagmara Sztynyk and Tim Beasley. They gave me no guarantees but they agreed to look at my case and after they did so, they said they thought that we could win. The previous lawyers had missed some good arguments that they thought we could make to win the case. So they took over my case and started court proceedings for me. I am pleased to say that they were able to get a settlement. I did not have much hope but Levenes restored my hope. Even when the insurance company still denied liability, they did not give up. They were amazing and I cannot be more grateful to them for getting such a great result for me. I am so glad that I called them. During the case, they kept me regularly up to date. They looked at every detail of my case and made me feel confident when I had doubted my own case. They were really friendly and easy to deal with. I cannot thank them enough and I would recommend them to anyone.’’
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