Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Delivery Driver Work Accident Compensation

Delivery driver injured in accident at work receives compensation in claim where Barrister advised he was unlikely to succeed


Our client was employed as a delivery driver.

On the day of the accident he had been instructed to deliver a table to an office in Dartford, Kent. He was working on his own that day, with no one to assist him. When he arrived at the customer’s place of business he set about assembling the desk. An employee of the customer offered to lend him a hand and our client accepted his offer. However, as they were in the course of putting the item of furniture together the man turned the table over very quickly. This took our client by surprise and caused him to sustain an injury to his arm. 

Although the injury caused him pain and distress for a considerable period of time, it couldn’t be described as a serious injury and at first our client did not take any action. In fact he didn’t consult Slee Blackwell Solicitors until 7 months before the three year limitation was due to expire.

A letter of claim was immediately sent to his employer, holding them liable for the accident and the injury he had suffered. However, the defendant’s insurers denied liability for the accident, suggesting that it was entirely due to our client’s own lack of care.

We did not accept their defence to the claim. We therefore enlisted the assistance of a specialist personal injury barrister. The barrister was asked to review the prospects of making a successful compensation claim and advise on whether formal court proceedings would be justified. Unfortunately the barrister was of the opinion that our client would probably not succeed in his claim if it were to proceed to a trial. Legal proceedings and trials in particular can be hugely expensive and generally speaking claims are only pursued through the courts when the prospects of success weigh in the claimant’s favour.

The barrister’s assessment came only a matter of weeks before the limitation period was due to expire, so there was very little time to do anything.

It initially looked as though the case might have to be discontinued. However we were very reluctant to abandon the client and the claim and therefore, with the client’s agreement, we put forward a formal settlement offer to the defendants under Part 36 of the Civil Procedure Rules. We also persuaded the Defendant’s insurers to agree to an extension of the limitation period so as to allow time for negotiations to take place.

Fortunately these tactics paid off. The client was delighted when a settlement was negotiated and compensation totalling £5,000.00 was paid.

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