The Personal Injury team at Dean Wilson LLP have recently settled a complex loss of earnings case on behalf of a crane supervisor who suffered an injury at work.
Mr A suffered a serious arm injury after a fall from height. He made an incomplete recovery which meant that he was no longer able to work in manual roles, and had to retrain into another role in the business which resulted in a pay cut.
The Defendant accepted primary liability, but alleged that Mr A’s actions contributed to the accident and that his damages should therefore be reduced in order to reflect this. They also alleged that Mr A’s earning potential was unchanged and that the reduction in his earnings was due to a general overtime cut within the business.
Neither point was accepted by Ben Davey who handled the claim, and the Defendant was asked to produce earnings evidence from the company as a whole. They refused to provide this, and ahead of a Court hearing to consider whether they would be ordered to provide such information, the Defendant settled the claim offering a substantial six figure sum.
The Personal Injury team is recognised as leaders in the sector by Legal 500 and Chambers & Partners. Ben Davey is ranked as a ‘rising star’ . They acted in this matter under a no win no fee arrangement. The team can be contacted on 01273 249200 or Ben can be contacted at email@example.com.