Two months after the accident, our client had an ultrasound scan of the shoulder which showed the torn tendon that had been surgically repaired had been damaged again. Our client was then signed off work and received physiotherapy and an injection to his shoulder. An MRI scan showed that the tear was bigger and worse than before the accident. He underwent further surgery and physiotherapy and good recovery was expected in time. He was informed by his surgeon he could return to work undertaking light duties, but his employer didn’t have light duties available for him.

We argued that the company who employed the truck driver were responsible for the driver’s negligent driving. The insurance company accepted this.

How We Helped

The insurance company argued that given our client’s pre-existing shoulder injury, they did not believe that all the symptoms our client complained of were due to the accident. They did not accept that the time our client had off work was due to the accident and injury.

We informed the insurers we did not accept their comments; the tear to the tendon was bigger after the accident than it was before his first surgery and in our view; this was due to the accident. We further argued that our client had been signed off work 2 months after the accident and later informed his employers he was able to do light duties, but they were not able to accommodate this, our client should therefore receive his wage loss as well to include this period too.

Outcome

The case settled after the insurers offered to settle our client’s claim for the sum of £50,000 which our client was more than happy to accept.