Settlement Secured After Pedestrian Pothole Accident

The incident 

Our client, a 48-year-old teaching assistant, was walking her daughter to school in Liverpool when her right foot became caught in a pothole while crossing the road. The sudden fall caused her significant pain, and her daughter had to help her home following the accident. This unexpected injury disrupted her daily life and left her unsure of what the future would hold. 

Injuries and their impact 

 The accident resulted in a right ankle inversion injury, where the ligaments and muscles were overstretched. A medical examination revealed an osteochondral lesion measuring 5mm at the lateral shoulder of the talus (ankle joint). The medical expert recommended arthroscopic surgery with microfracture to aid recovery, predicting that full recovery would take around three years, including 12 to 18 months following surgery. 

The injury had a profound impact on our client’s life. She experienced persistent pain that limited her ability to engage in everyday activities, including family holidays. Walking long distances was too painful, preventing her from enjoying the active lifestyle she once had. The emotional toll of the injury, combined with the uncertainty of recovery, affected her overall well-being. 

Pursuing justice 

Determined to seek justice, our client reached out to Fletchers Solicitors, where expert Litigation Executive Justine Murtagh took on her case. Despite the initial challenge of the defendant refusing to admit liability or negotiate on a without-prejudice basis, Justine remained committed to achieving a fair outcome. The defendant did not rely on a Section 58 defence under the Highways Act 1980, which was a crucial factor in advancing the claim. 

To support the claim, Justine obtained comprehensive medical evidence and documented the financial losses incurred as a result of the injury. With a strong case built, legal proceedings were issued. Our client was eager to settle without prolonged litigation, so Justine made quantum, and liability offers to prompt negotiations. 

The outcome 

The defendant initially made a Part 36 offer of £6,000, which we advised our client was too low, considering our valuation of her injuries ranged between £8,000 and £9,390. After further negotiations and discussions about the risks involved, the defendant agreed to settle at £6,750. Our client also claimed £376 for care and assistance, making this a positive outcome given the 80/20 liability basis. 

Beyond the financial settlement, the claim had a life-changing impact. The NHS had previously informed our client that no further treatment options were available, leading her to believe she would live with chronic pain indefinitely. However, through the claim, she received the specialist care and treatment needed, offering hope for a future without pain. 

Reflections 

Reflecting on the outcome, our client expressed her gratitude, stating: “The compensation is great, as I wasn’t hopeful of a successful outcome after reading the defence. I don’t have specific plans for the money yet, but I hope to arrange a holiday once I recover from the operation and can move around more freely.” 

She added: “I can’t thank Fletchers enough. If I hadn’t come to you and been seen by the expert, I would likely have continued in pain without knowing there was a solution.” 

Litigation Executive Justine Murtagh commented: “This has been a fantastic result for our client. I’m delighted that we secured a fair settlement without the need to go to trial and that the process helped her access the treatment she needed. This case highlights the importance of seeking legal advice, as it can lead to both financial compensation and life-changing medical support.”