Occupiers Liability Case Study
The People
R was the Managing Director of a company supplying specialised equipment for use in the steel industry. He slipped whilst visiting a steel works and fractured his right humerus as a result of which he required surgery. Although the other side’s insurers admitted basic responsibility for the accident they alleged contributory negligence and negligence by R’s employers.
The Problem
R’s job was very demanding involving long hours and lots of travel. His generous employment package included various benefits including bonuses and a tax efficient salary sacrifice scheme. As a result of the accident he was forced to give up working full time as the Managing Director and became a part time Key Account Manager on a much reduced package. This not only resulted in an immediate loss of earnings but would in future result in a loss of pension. Unfortunately insurance companies tend to have databases suggesting that particular injuries are only worth a particular amount and the circumstances of R’s case did not fit into their standard model. As a result of this although following the issue of court proceedings the insurers finally accepted that the steel works owners were entirely responsible for the accident they ended up suggesting that R must be exaggerating his claim.
The Solution
Going into the pre trial settlement meeting the other side’s stated position was that the claim was worth no more than £17,730. As a result of detailed preparation of witness statements, a lengthy and complicated Schedule of Special Damages and detailed documentary evidence in support we were able to convince the insurance company that R was not exaggerating. Their first offer at the meeting was £175,000 which they subsequently increased to £210,000 and then £230,000. The case was finally settled by their accepting our offer of £250,000 with R’s position being completely vindicated.
Who to contact
Marek Bednarczyk
Partner
Email
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