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How legal representation made all the difference in a personal injury claim

By Johanna Caine

Published In: Personal Injury

A woman injured by a defective manhole cover in Watford secured full compensation after instructing a personal injury solicitor, highlighting the value of legal representation. The case settled without needing to go to trial. The final settlement was nearly four times more than the original offer.

woman in a suit stood in front of a couple with a laptop

A routine shopping trip turned into a painful accident

On 5 July 2021, a woman (who has chosen to remain anonymous) was shopping at Décor Tiles and Floors in Watford. What should have been a straightforward shopping trip took a serious turn when she tripped over a defective, uncovered manhole cover on the public footpath just outside the store.

The woman was accompanied by a shop assistant who was helping her carry the tiles she had bought when the accident occurred. Despite the tile shop having reported the defect to British Telecom (the defendant) prior to the incident, the only advice they gave  was to place a cone over it. No repair or proper safeguarding was carried out.

An initial attempt to handle the claim alone

Following the incident, the claimant decided to pursue a personal injury claim by herself. Although BT admitted liability early on, they made a very low offer to settle the matter. Crucially, this offer came without any proper investigation into the claimant's injuries - no medical records, no expert assessments, no fair valuation.

Instructing solicitors just in time

As the limitation period (the legal deadline to issue a claim) neared, the claimant sought help from a personal injury solicitor. With only weeks to act, her legal team worked quickly to:

  • Take full instructions
  • Gather and review medical records
  • Instruct an independent medical expert
  • Draft and issue court documentation

The medical evidence confirmed soft tissue damage to the right knee and injuries to both ankles. A consultant orthopaedic surgeon was also brought in to provide further expert opinion.

The turning point in the case

Once legal proceedings began, BT made a second settlement offer, which was almost three times higher than the initial one offered when the claimant was unrepresented. Even so, it still did not reflect the full extent of the injuries.

Shortly after, BT filed their defence and tried to move some of the blame onto the claimant. This is a common tactic with defendant lawyers. Her solicitors rejected this and, on her instructions, made a counter-offer on a full liability basis.

A strong settlement secured without a court battle

The case settled without needing to go to trial. The final settlement reached was a five-figure sum—nearly four times more than the original offer.

Why legal representation is crucial in personal injury cases

This case is a powerful example of why anyone pursuing a personal injury claim should seek professional legal advice. When the claimant was working alone, she was offered a fraction of what her injuries were worth. With the help of an experienced personal injury solicitor, she:

  • Secured proper medical evidence
  • Challenged a low settlement offer
  • Avoided being wrongly blamed
  • Received fair and full compensation

Have you suffered an injury in a public place?

The legal process can be daunting, but you don’t have to face it alone and you shouldn't settle for less than you're entitled to. Make sure you get the compensation you deserve with the right legal team by your side.

Contact our Personal Injury team today for a FREE, no-obligation chat about your options. Call 0800 138 0458, email help@switalksis.com or fill out the form below.

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Johanna has over five years' experience in catastrophic injury. She is a Solicitor in our Serious Injury team.

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