£560,000 Compensation for Brain Injury after Assault at Work
A Brain Injury Case Study – Client Situation
Our client, a warehouse worker, was assaulted by a fellow employee while at work and sustained a serious brain injury as a result.
He believed that his employer should be held accountable for what had happened, as the assault occurred on their business premises, and he decided to make a claim for compensation.
How We Helped
He contacted our Serious Injury Solicitors and Consultant Lawyer Ian Gee took on the case.
It was decided that a brain injury claim would be made against both our client’s employer and the employee who carried out the assault, on the basis that the employer was “vicariously responsible” for the incident.
The law in this area has changed considerably in the last few years, and as a result, we took the view that our client’s claim had a good chance of succeeding.
The employer’s insurers didn’t believe it had a case to answer, arguing that our client’s claim was wholly without merit. However, after a three-day Trial in liability, the Judge found that the employer was indeed responsible for the assault.
Our client was awarded £560,000 compensation. The Judge ordered that our client will be entitled to an additional award, calculated as to an extra 10% up to £500,000 and a further 5% between £500,000 and £1 million. This was because, before going to Court, an offer was made that our client would agree a 10% reduction on his damages, which the employer’s insurers refused to accept.
In the event, the Judge made no reduction and, because our client did better than his offer, the insurers will have to pay extra damages.
In addition, a substantial Interim Payment on account of damages was ordered. A meeting took place to try to reach settlement on the value of damages, but it was not possible to reach terms.
One week before a four-day Trial on the value of the claim, terms were concluded at a figure approaching three times the amount of the employer's insurer's first offer.
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