Miss W sustained a severe sprain to her right ankle as well as other injuries when she tripped over a pothole on Dock View Road in Barry on 28^th February 2013.   After receiving treatment for her injuries at the Barry Hospital, and having to rely on help from family and friends as a result of the injuries, Miss W instructed Martyn Prowel Solicitors to submit a claim in respect of the personal injuries and other losses sustained as a result of the accident.

Martyn Prowel Solicitors wrote to the Vale of Glamorgan Council setting out details of the claim and provided them with colour photographs showing the pothole which had caused Miss W’s accident.   Unfortunately, the Council’s Insurers stated that the Council were not to blame for the accident, suggesting that they had inspected the very road where Miss W had fallen just three months prior to the accident, and that no pothole existed at that time.

Martyn Prowel Solicitors’ Janine Griffiths was not satisfied with the response from the Council’s Insurers and raised a number of issues with them in respect of the documents upon which the Council relied, questioning the categorisation of the road and referring to the Well Maintained Highways Code of Good Practice.    Further, following further research, she was able to establish that the pothole which caused the accident was actually already in existence four months prior to the Council’s last inspection and seven months prior to the accident.    In the circumstances, Janine Griffiths submitted to the Council’s insurers that their inspection three months prior to the client’s accident must have, in fact, been defective.

The Council’s insurers subsequently conceded that the Council had been negligent and in breach of their duty to Miss W.

Martyn Prowel Solicitors then obtained a Medical Report and arranged physiotherapy treatment upon Miss W’s behalf and the claim was then settled within four months of the Council’s insurers admitting breach of duty.

Miss W said, “At first, the Council said the accident wasn’t their fault, and that the pothole wasn’t there when they inspected it last, but Janine wouldn’t give up – she looked into their records and managed to prove to the Insurers that the Council were wrong.   After that, I was medically examined and the claim settled much quicker than I had ever thought it would.   My calls and e-mails always received a prompt response from Janine or a member of the department, and I am really happy with the service I received”.

Martyn Prowel Solicitors’ Janine Griffiths said, “I was delighted to have been able to persuade the Council’s Insurers to reverse their decision in relation to Miss W’s claim following making in depth enquiries and having a good look at the documents which the Council’s Insurers had provided to me. Further, having been able to arrange the physiotherapy treatment for Miss W meant that her recovery from her injuries was achieved much more quickly than it would have been had she waited on the NHS for physiotherapy treatment”.

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A waitress in a restaurant in Cardiff sustained a serious shoulder injury when she slipped on a wet floor in the toilets of the restaurant in which she worked.  She fell heavily to the floor sustaining injuries to her neck and shoulder.  Miss M attended hospital following the accident, and was subsequently referred for physiotherapy treatment in respect of the suspected dislocation injury.

Miss M instructed Martyn Prowel Solicitors in Cardiff to pursue a claim for damages for the personal injuries and financial losses, including loss of earnings, incurred as a result of the accident.  Within weeks of being instructed, Martyn Prowel Solicitors secured an admission of liability from the restaurant’s Employers’ Liability Insurers, who were unable to establish that the Restaurant had in place a reasonable system in place in relation to the clearing of spillages and monitoring the same.

Unfortunately, Miss M was still in significant pain and discomfort as a result of her injuries.  Martyn Prowel Solicitors therefore arranged for a medical examination with a Consultant Orthopaedic Surgeon and, thereafter, arranged MRI scans and two separate surgeries to Miss M’s shoulder, followed by extensive physiotherapy.  Martyn Prowel then arranged for Miss M to be examined by a further Consultant Orthopaedic Surgeon and for several further assessments, treatments and examinations.

The claim was settled late in 2013 following a Joint Settlement Meeting with the Defendant’s Solicitors, in the total sum of £132,416, including medical treatment costs.  The balance due to Miss M following the payment of the treatment costs was £100,000.

Janine Griffiths from Martyn Prowel stated: “I was so pleased to have been able to settle Miss M’s claim for such a significant sum.  It was great that we were able to arrange and fund, on a private basis, the significant medical treatment in order to alleviate her pain and suffering swiftly.  She deserved the compensation that was finally agreed and I’m delighted that our attention to detail and negotiation skills allowed us to achieve that goal.”

Miss M said, “Janine and the rest of the team were amazing.  I can’t speak highly enough of the work Janine did, her professionalism and her skills.  I know that Janine got the best treatment and the best result for me and she was so supportive throughout the whole thing – I’m so happy with the result”

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Whilst obtaining compensation in respect of the injuries sustained may not, at first, be a priority to a victim of an amputation accident, we at Martyn Prowel Solicitors would encourage you to contact us early in relation to such claims in order that we can ensure the appropriate level of treatment by managing your case, not only from a legal stand point but also in ensuring and arranging appropriate consultations and rehabilitation upon your behalf.  The rehabilitation services which Martyn Prowel Solicitors can procure for you include medical and surgical support, prosthetics, physiotherapy and counselling in order to assist you to achieve maximum recovery.

Three members of the Martyn Prowel Personal Injury Team recently attended a training day in relation to amputation injuries and met with a Consultant in pain medicine from Bristol who discussed the various levels of pain and suffering sustained by amputees ranging from stump pain to phantom limb pain, which he confirmed 60% to 80% of amputees experience.    He also discussed the prevalence of Post Traumatic Stress Disorder following amputation injuries and the importance of the instruction of clinical psychologists to aid the recovery of victims.

Martyn Prowel Solicitors are experienced in dealing with claims for damages for victims of amputation accidents and have helped victims not only achieve the significant compensation to which they are entitled following such an injury, but have also aided and assisted their prompt and significant recovery by ensuring clients are provided with the help and support needed to move on with life.

Should you be unfortunate to have suffered a loss of a limb as a result of an accident, or intervention, in respect of which you consider somebody else may be liable, please feel free to contact us on 02920 470909 to speak with one of our Specialist Solicitors and discuss your potential claim and your rehabilitation requirements.

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Thomas Rees of Martyn Prowel Solicitors stated “this was a fantastic settlement for Mr R. The Defendants Insurers initially contacted Mr R following the accident and had offered him £1,500.00 in full and final settlement of his claim. Luckily for Mr R he did not accept the offer and immediately contacted us. We rejected the offer and arranged for him to be examined by an expert. Mr R had suffered injuries to his knee which will require an operation in the future.  Mr R would not have been aware of this had he not been examined by an appropriate expert. We were also successful in recovering past and future loss of earnings together with the cost of medical treatment.”

Mr R said, “I am so happy I instructed Martyn Prowel Solicitors. I was nearly going to accept their offer of £1500.00.”

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Medical negligence claims arise where a healthcare professional has not provided the proper standard of care to a patient, and that patient has suffered as a result.  It can include such things as causing a delay in making a diagnosis, or making the wrong diagnosis, giving you the wrong or insufficient treatment, not warning you or obtaining your consent in relation to treatment, giving you the wrong or inappropriate medication etc.

If you have suffered injury as a result of negligence of breach of duty by your doctor or healthcare professional, then you may well be entitled to compensation in respect of those injuries.

If you have suffered any injury as a result of negligent treatment then please telephone our Medical Negligence Department on 02920 475139 to arrange a free initial interview.

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Martyn Prowel Solicitors have a team of Specialist Personal Injury Solicitors who are able to deal with your claim upon your behalf.

We are able to arrange private medical treatment for you as soon as we have received your instructions!  This can save weeks of waiting for GP referrals and hospital appointments, and can save you months of ongoing pain and suffering.

We can act for you on a ‘No Win No Fee’ basis, meaning that there is no cost to you of proceeding with the claim, win or lose.  We will recover our costs from the Defendant’s insurers at the end of the claim if we win.  In the event that we don’t win, there will still be nothing for you to pay.  Plus, you will always receive 100% of any compensation recovered.  That’s guaranteed.

Even if the vehicle which causes your accident is not insured, or not traced, then Martyn Prowel Solicitors can still help you claim compensation from the Motor Insurers Bureau.  The Motor Insurers Bureau is a central fund, funded by all UK motor insurers which provides a means of compensating the victims of road traffic accidents caused by negligent uninsured or untraced drivers.  So victims of hit and run accidents, and victims of uninsured drivers, can still be compensated for the injuries and losses sustained.

If you think you may be entitled to claim damages arising out of a road traffic accident, or have any questions about a potential claim, please telephone Janine Griffiths on 02920 475131 for free, no obligation, advice.

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