Martyn Prowel Gartsides Solicitors have successfully secured an out of court settlement for the victim of, what at first appeared to be, a freak accident.
Mrs W was walking her dogs along a pavement next to a high wall which formed the back of the Defendant’s land. It was a particularly windy day and, suddenly and without warning, a gust of wind caused several small pieces of wood and tree debris to fall onto the pavement along which Mrs W was walking. Unfortunately, this was followed by a large tree bough striking Mrs W on the back and knocking her to the ground.
Mrs W was initially unconsciousness as a result of this impact and was immediately attended upon by passers-by who, in turn, arranged for First Responders, the Police and Paramedics to arrive at the scene.
Mrs W was attended to at the scene of the accident and was then transferred by Paramedics to the Princess of Wales Hospital in Bridgend.
As a result of the accident, Mrs W sustained four rib fractures, a compression fracture of her vertebra and a left-sided pneumothorax. She was hospitalised for a total of 18 days and was then placed in a 3. brace to her spine which remained in place for approximately 4 months.
Further, as a result of the nature of the accident, Mrs W suffered with anticipatory anxiety, hypervigilance and phobic avoidance. She suffered with a severe and chronic fear of going out in wet and windy conditions as a result of the nature and significance of the accident and the injuries sustained.
At first consideration, it would likely be considered that the large tree bough falling from the tree was as a result of the significant windy conditions prevalent on the day of the accident. However, when Mrs W consulted Janine Griffiths of Martyn Prowel Gartsides Solicitors in relation to the accident, photographs were provided by Mrs W’s son, which were taken in the immediate aftermath of the accident. It was clear from those photographs that, in fact, the bough of the tree which struck Mrs W had been sawn at one end from the tree trunk. It was therefore apparent that the bough had been sawn from the tree but left within the tree rather than being safely removed, which is why it was possible for a gust of wind to cause the bough of the tree to fall and strike Mrs W.
Martyn Prowel Gartsides Solicitors therefore submitted a claim for damages to the owners of the land from which the tree bough had fallen and, following a period of arguments in respect of liability for the accident and Mrs W’s injuries, the Defendant’s Insurers eventually admitted that the Defendants had been negligent and were responsible, therefore, for the injuries sustained.
Martyn Prowel Gartsides Solicitors therefore arranged for Mrs W to be medically examined by a Consultant Orthopaedic Surgeon and arrangements were made for Mrs W to receive an extensive course of physiotherapy and rehabilitation treatment in respect of her physical injuries. Further, given the severe and chronic fear and situational anxiety suffered by Mrs W, Martyn Prowel Gartsides Solicitors also arranged for her to be examined by a Consultant Psychologist who diagnosed Mrs W as suffering with anticipatory anxiety, hypervigilance and phobic avoidance. He therefore recommended that Mrs W undergo a course of Cognitive Behavioural Therapy with a Clinical Psychologist and Martyn Prowel Gartsides Solicitors were able to arrange this on behalf of Mrs W.
Much to the credit of Mrs W, she made every effort to recover from both her physical and psychological injuries as soon as possible. Indeed, the Consultant Psychologist referred to Mrs W’s approach as being stoic and she is credited with her attitude towards her recovery.
Following the various physical and psychological treatments being concluded, Martyn Prowel Gartsides Solicitors received an offer of settlement from the Defendant’s Insurers. This was considered and, following an extensive review of the General Damages (pain, suffering and loss of amenity) sustained, a thorough Quantum assessment was carried out. Further, a detailed Schedule of Special Damages (financial losses) was prepared on behalf of Mrs W.
Following a period of negotiation with the Defendant’s Insurers, Martyn Prowel Gartsides Solicitors were able to secure a final settlement of Mrs W’s claim in the total sum of £80,000.
Martyn Prowel Gartsides Solicitors’ Janine Griffiths confirmed, “I was absolutely delighted to be in a position to secure such a significant settlement for Mrs W. She suffered extenuating injuries as a result of, what at first appeared to be, a freak accident. It was only following review of the evidence and photographs taken at the time of the accident, that it became clear that, in fact, the accident was caused by the negligence, or failure, of the Defendants, or their servants, agents or employees. Mrs W was a pleasure to act for and she deserves all of the credit in respect of the speed and progress of her recovery. I have no doubt that if she had not had such a stoic and determined approach to her recovery, she would still be suffering with significant ongoing symptoms.”