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Dean Wilson secure life-long costs of treatment in personal injury claim.

21 Jun 2023

Dean Wilson has recently reached a favourable settlement in a personal injury claim for a Claimant who received severe injuries whilst taking part in an outdoor training course.

Background to the case

Mr A sustained injuries to his eye whilst undertaking a course on forestry & arboriculture in order to be able to successfully qualify as a tree surgeon. During the process of the course the course leader informed that eye protection was not required. This same position was established in course emails advising on required equipment. During the course Mr A was hit in the eye by falling material and had to be taken to A&E to receive medical attention.

Mr A was as a result of his injuries left with permanently impaired vision in his damaged eye and was unable to complete his course. He also suffered additional loss of earnings due to being unable to drive or lift heavy objects for a period of several months.

The Claim

Dean Wilson held that the defendant had been negligent in that they had not taken the proper and reasonable steps to ensure the safety of the individuals present on the course and had failed their duty of care to Mr A.
Dean Wilson considered that had the defendant instructed the proper usage of safety equipment, Mr A would not have sustained his injuries, and would have been able to complete his course.

The defendant initially responded with an argument for contributory negligence, and held that while primary liability was theirs, partial responsibility for his injuries lay with Mr A. Dean Wilson asserted that Mr A was in no part responsible for the accident, and full liability was later admitted by the defendant’s insurer.

The Outcome

Ben Davey, assisted by Tom Gardiner, was successful in negotiating a substantial settlement on behalf of Mr A As part of his injuries our client required bi-yearly medical attention for the rest of his life. Dean Wilson ensured the cost of this treatment on a private basis was covered in the settlement of the claim, as well as recovering our client’s loss of earnings and additional losses.

Have you got a personal injury claim that you want us to look at?

Dean Wilson represented Mr A on a no-win, no-fee agreement. If you have been injured in an accident and would like to discuss taking legal action, please contact our expert personal injury team on 01273 249200, or visit our personal injury page here.

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