£1.2 million in compensation after fork lift truck injuries

 

casebook2Warehouse worker receives £1.2 million in compensation after he was reversed into by fork lift truck driver

Case introduction

 A man who had his life turned upside down after he was reversed into by a fork lift truck has won a case against his previous employer with the help of Birchall Blackburn Law solicitors.

A warehouse manager, referred to in this article as Mr S, was working at a transport company when a fork lift truck reversed into him at speed.

The 43 year old suffered significant injuries including a severely damaged foot and ankle, the loss of toes, a crushed heel and brain injury. A swelling to the brain required two surgical procedures and left him with 50 metal staples across his skull. Despite fighting to save his leg for over 15 months Mr S’s leg was amputated below the knee.

While Mr S was in recovery from the initial surgery, a friend put him in touch with Birchall Blackburn Law where an expert team was able to assess his situation and put a case together against his employer to claim negligence.

Partner at Birchall Blackburn Law, Dianne Yates and her team also supported Mr S by helping him with a major rehabilitation process, accessing physiotherapy, neuro-psychotherapy, a support worker and the purchase of a new home where he would be comfortable and could move around safely.

The transport company denied responsibility for the accident but Birchall Blackburn Law fought to hold the firm accountable, and Court Proceedings in Mr S’s case were issued in the High Court of Justice, Manchester District Registry. The case settled before trial and he received £1.2 million in compensation.

The client’s view

On the day of the accident, the warehouse was extremely busy due to the build up to Christmas. There were articulated lorries located outside the warehouse and fork lift trucks moving pallets within the building with no clear traffic route. The last thing I remember was speaking about delivery notes with a colleague. We were both wearing high visibility vests at the time and the yard was well lit. I heard beeping. The next thing I was in Walton Neurological Centre in Liverpool.  I didn’t know who I was or what had happened.

It became apparent that I was extremely poorly and doctors had started to talk to me about amputating my foot. I was so anxious and terrified of the surgery that I decided to try and let it heal, rather than lose it but eventually it had to be amputated.

Before the accident, I was well organised, had a responsible role at work and I was married with a close family.  What followed the accident was a very traumatic period in my life. I wasn’t the same person, my personality had changed, I became violent and I was extremely frightened about the future. I couldn’t walk, I could not dress or bathe myself and my wife at the time became my full-time carer.

I also developed a whistling sound in my right ear, lost my sense of smell and became obsessed with unimportant matters. This was an extremely emotional time for me and my family, not only could I not look after myself but I also couldn’t look after my children. Unfortunately due to the intense pressure and severe changes in my personality, my marriage came to an end.

The team at Birchall Blackburn Law has been with me from the very start. I instantly had a good rapport with them and they helped secure the expert support I required to get me through. They kept me fully informed throughout the case and I felt confident that I had the best team possible on my side. I have been so impressed with the service that I also used Birchall Blackburn Law for my conveyancing, divorce and Will.

I hadn’t done anything wrong on the day of the accident, yet my life was turned upside down. Having successfully claimed damages I can now move on. I love my new home and I have also gained the confidence to set up my own business. I have also re-ignited my passion for local football and started to play for Manchester City amputees. I still suffer as a result of the accident but things would not be on the up if it wasn’t for the excellent legal advice and support I received from Birchall Blackburn Law.”

Final thoughts

Partner, Dianne Yates who led the case with the help of solicitor Kelly Hutton commented:

The failure of the transport company to provide the required standard of safety caused life-changing injuries to Mr S. A compensation payment of this nature can’t undo the devastating impact upon his life or that of his family, but it has enabled him to return to a semblance of the quality of life that he had.”

 

Note: references to the clients real name and the transport company have been removed.