Introduction
Garratts Solicitors' Personal Injury team recently achieved a remarkable victory in a complex case involving a support worker employed by a care home. The claimant was viciously attacked by one of the residents with challenging behaviour, resulting in a severe wrenching injury to her left arm. Despite facing denial of liability and aggressive tactics from the defendant's solicitors, Garratts Solicitors persevered, ultimately securing a significant compensation award for their client. This article delves into the details of the case and highlights the role of expert legal representation in upholding the claimant's rights.
The Incident and Claim
The claimant was a support worker employed by the defendant, responsible for providing care to two young women with challenging behaviour. Both residents required constant 2:1 support due to their severe learning disabilities, autism, high anxiety, and challenging behaviour. Unfortunately, during her duties, the claimant fell victim to a violent attack by one of the residents, resulting in a serious wrenching injury to her left arm.
Challenges Faced
Garratts Solicitors promptly lodged a claim with the care home's insurers, seeking compensation for the claimant's injuries and trauma. However, the defendant's solicitors denied liability, arguing that the allegations were generic and non-specific. They further asserted that the claimant was fully trained and should have been aware of the resident's behavioural traits, seemingly downplaying the severity of the incident.
Adding to the challenge, the defendant's solicitors adopted aggressive tactics to discredit the claimant's case at every level. They went as far as accusing her of being fundamentally dishonest in bringing her claim and gained access to her social media accounts to find evidence to support their accusations.
Expert Legal Representation
Garratts Solicitors' Personal Injury Department, along with Senior Counsel, provided expert advice and support throughout the legal process. Their dedicated efforts and comprehensive understanding of personal injury law were crucial in upholding the claimant's rights and countering the defendant's tactics.
Medical Evidence and Trial Outcome
The medical evidence presented in the case indicated that the claimant suffered a traction injury, likely resulting in neuropraxia/brachial plexus injury and a sprain of the acromioclavicular joint. The injuries caused intrusive and severe pain and neurological symptoms for 12 months, necessitating psychological intervention due to flashbacks.
The matter proceeded to a 2-day Trial, where Garratts Solicitors diligently presented the evidence supporting the claimant's case. Thanks to their adept legal representation and Senior Counsel's expertise, the Trial Judge dismissed the defendant's entire defence, including the allegations of fundamental dishonesty.
Compensation Award
As a result of the successful trial, the claimant was awarded £31,000 in compensation. Moreover, this amount exceeded an earlier Part 36 offer made by Garratts Solicitors, resulting in an additional uplift of approximately £3,000 compensation.
Conclusion
Garratts Solicitors' Personal Injury team demonstrated their commitment to seeking justice for their clients by prevailing in a challenging case against a care home. Despite facing denial of liability and aggressive tactics from the defendant's solicitors, they effectively argued the claimant's case, resulting in a substantial compensation award. This victory serves as a testament to the importance of expert legal representation in personal injury cases, ensuring that victims receive the compensation they deserve for the harm they have endured.
