Case study - client work accident which caused blindness

In 2024, Ian Latimer concluded settlement of a case for a client who a year and a half previously had suffered total and permanent blindness in one eye because of an accident at work.

Funding was arranged on a no win no fee basis and a Letter of Claim was sent to the Defendant and its insurers within three weeks. This was followed up by telephone to engage with the insurers and obtain their agreement to provide rehabilitation and interim payments without delay, which they did.

Medical records were obtained and a report obtained from a consultant ophthalmologist within three months who re-examined a year later to give a final prognosis at which time a report was also obtained from a consultant psychiatrist.

Past earnings details were obtained from HMRC and accountants and a witness statement was taken from a former employer.

A schedule of loss was prepared to include a claim for the client’s lost chance of being able to return to higher paid work than he was doing at the time of the accident.

The above documentation was served on the insurers and their solicitors and following without prejudice telephone discussions the claim was settled without the need for court proceedings for a six figure sum and 85% of the amount claimed.

The legal costs payable by the insurers were agreed within three weeks of the settlement.

A Personal Injury Trust is now being set up for the client so that his entitlement to means tested benefits is not affected by the award.