In March 2020, James was working on removing the old roof from a block of flats when the disc cutter he was given to use kicked back and cut deep into his left thigh. It turns out that the disc cutter was fitted with the wrong type of cutting disc.
He was taken by air ambulance to a hospital in Coventry for emergency treatment. He had surgery to repair the hamstring and was discharged home on crutches. After the wound healed, he was left with scarring. On a functional level, he also had persistent knee pain and reduced movement in his knee.
The challenges James faced after his accident
James needed help from his partner at home with some personal care for the first few weeks, and he was also unable to assist with chores. He was off work for around six months, and when he returned to work, he began some light office work. When he did start manual work, he found it difficult to lift any weight, bend his knee or climb ladders. He also found it difficult to return to his hobby of boxing at the same level as before his injury.
The support we offered James
Liability was denied vigorously. The contractor maintained that the accident was James' fault. As a result, we were unable to agree for their insurers to release any interim payments, or even to engage on a without prejudice basis in any rehabilitation process.
This meant that we had to prepare James' case for litigation. After obtaining the necessary supporting evidence from an orthopaedic surgeon and a psychiatrist, we issued court proceedings. The expert evidence supported James' residual leg symptoms, which left him at a handicap on the open labour market. It also supported that he had suffered symptoms of post-traumatic stress disorder and adjustment disorder.
The legal outcome of the accident
The contractor had made an earlier offer of £30,000, which James, on our advice, rejected. After gathering further evidence and commencing court proceedings, we resumed settlement negotiations and achieved a final settlement of £45,000 despite the contractor continuing to deny any responsibility. James can now put the legal case behind him and focus on his future.
