Car Park Accident Claim Case Study

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Our client, an NHS employee, suffered a broken arm after falling in a communal car park in Renfrewshire. She was referred to Thompsons personal injury lawyers in Scotland by her union, UNISON, so that we could pursue the car park accident claim on her behalf.

The background

Our client had been visiting her parents' home in October 2019. It was a stormy evening and it had been raining heavily; areas of the residents' car park were flooded.

Our client began to walk across the car park, then, to avoid a car which was reversing, she took a step to her left. As she did so, she lost her footing and fell forwards, landing face down on the ground.

When the area was inspected after the accident, it was discovered that our client had unknowingly stepped into an area where the drains were being repaired – the area had been dug out, but not filled on or sign-posted in any way and flood water had hidden the uneven surface.

Although the car park was owned by Bridgewater Housing Association, the repair work had been carried out by a third party company who admitted liability for the accident.

The consequences

Our client realised she had suffered a personal injury immediately after the trip and fall incident. She felt pain in her right wrist and had suffered abrasions to her face. Bruising appeared over the following days.

The nurse attended a local A&E department where an x-ray confirmed she had suffered a fracture to the neck of the radius bone of her right wrist. The wrist injury prevented her from returning to work for four weeks and she required physiotherapy.

Thompsons obtained a medical report to confirm the injury; diagnosis suggested that our client's associated symptoms should be fully resolved by 18 months – any persistence after this time would likely to be permanent.

The settlement

The defender faced a claim from the housing association as well as our client who was offered £8,808 in personal injury accident compensation.

Thompsons' accident claim lawyers advised that although this was a reasonable offer, there was scope to seek an increase. Our client was happy to accept the offer, however, and settlement was agreed on 19 March 2021.

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