We recently negotiated a settlement for a client, an employee, who was provided with a work vehicle by
his employer as part of his duties. Unfortunately, the vehicle was defective. This defect ultimately led to
a serious incident, causing injuries to his shoulder, neck, and arm. These injuries had a profound impact
not only on his ability to work but also on his day-to-day life.
To ensure that every aspect of our client’s injuries and losses was fully understood and properly
presented, we coordinated a wide range of expert assessments, including:
- Orthopaedic evaluations to assess the physical injuries sustained
- Neurosurgical input to examine neurological implications
- Occupational therapy reports to determine the impact on daily functioning
- Vocational assessments to evaluate future employment capacity
Each expert played a crucial role in building a complete picture of how the injuries affected our client
both in the short and long term. A key component of the case involved the careful calculation of special damages. This included:
- Loss of earnings to date
- Projected loss of future earnings
- Costs of ongoing care and assistance
- Provision for aids and appliances required into the future
By thoroughly documenting these elements, we ensured that the claim reflected not just the immediate
consequences of the injury, but also its lasting financial and personal impact. Through detailed preparation and strategic handling of the claim, we were able to position our client’s case strongly for resolution. The matter ultimately concluded with a very substantial settlement, reflecting the seriousness of the injuries.
* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or
proportion of any award or settlement.
** This information is for guidance purposes only. It does not constitute legal or professional advice.
Professional or legal advice should be obtained before taking or refraining from any action as a result of
the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken
in reliance on the information contained herein. Any and all information is subject to change.
