Angela Richards, a Personal Injury Solicitor at Seth Lovis & Co, recently acted for Mr V.
Mr V was an experienced skateboarder. At the time of the accident, he was at a skateboarding park which was owned by a Local Authority in Cornwall. The accident happened when Mr V was descending a ramp on his skateboard and the front wheel of his skateboard got stuck in a hole in the ramp, causing him to be thrown off his skateboard and land on his right arm.
Mr V attended his local A&E department after the accident and due to the severity of his injury, was transferred to a larger hospital. He was advised that he had suffered a fracture to his right elbow and put in a full arm plaster. Two weeks later, Mr V returned to the fracture clinic, where he was advised that surgery was needed and he had an open reduction and internal fixation of the fracture.
Mr V decided to bring a personal injury claim for his injuries against the Local Authority and instructed Angela Richards of our firm. Angela brought the claim against the Local Authority under the Occupier’s Liability Act 1957 on the basis that they had failed to properly inspect and maintain the ramps at the skateboarding park. The Local Authority’s insurers accepted liability for the accident at an early stage.
Medical Expert’s opinion
Angela obtained medical evidence from a Consultant Orthopaedic Surgeon, who prepared reports for the Court detailing the extent of Mr V’s injuries and the residual problems he has been left with as a result of the accident. Mr V’s right elbow aches in the morning and often clicks and is painful in cold weather. Mr V is unable to fully straighten his arm due to his injury. Mr V’s shoulder aches occasionally. Mr V is also aware of occasional clicking in his wrist joint. In order to manage his residual pain, Mr V occasionally takes painkillers.
Mr V has also been left with noticeable scarring on his right arm due to the surgery he underwent. Mr V’s injuries are likely to be permanent and he has been left with a 10% chance of developing Post Traumatic Arthritis.
At the time of the accident, Mr V worked as a chef in a local pub, where he was also given accommodation. Due to the accident and his injuries, Mr V lost his accommodation at the pub and had to move back to the Midlands where his family is based. Mr V had no secure accommodation once he moved back to the Midlands. This was made all the more difficult by the fact that he was not fit to work in the aftermath of the accident and was unable to do so because of his injuries. He therefore developed significant psychological symptoms of anxiety and depression, which added to the difficulties he had in securing stable employment after the accident.
Angela also obtained evidence from a Consultant Psychiatrist regarding the psychological effects of the accident and the Psychiatrist recommended that Mr V undergo a course of Cognitive Behavioural Therapy to assist with his symptoms, in addition to recommending medication for him.
Mr V is a talented musician and the lead singer in a band. He has aspirations of becoming a professional musician. Angela asked the Defendant’s insurers to take the impact of Mr V’s injuries on his musical career into account when negotiating the settlement with them.
After extended negotiations, Angela secured a settlement of £40,000 for Mr V, for his physical and psychological injuries and the financial losses flowing from the accident.
Following settlement Angela Richards commented “A significant proportion of Mr V’s settlement was for the financial consequences of the psychological problems he had after the accident, rather than the physical injury itself. The aftermath of the accident was an extremely difficult time for Mr V who lost his job and accommodation and he had his life thrown off track. Mr Vs settlement should provide him with some stability for the future and compensation for the accident related symptoms he now lives with on a daily basis.”
Author - Angela Richards