Lawyers win $XY for 34-year-old woman who suffered a fractured elbow after a fall.
The plaintiff was walking on the sidewalk on her way home from work when a pothole in the road caused her to lose her footing and fall forward.
When she fell, she attempted to break her fall with her arms and suffered a fractured elbow.
She was taken to hospital where she underwent surgery for her injury. Pins and wires were inserted in order to hold the fracture back together.
Following the surgery, the plaintiff began physiotherapy to help regain movement in the elbow.
After 4 weeks there were no signs of physical improvement and the plaintiff was still in a considerable amount of pain, because this the rehabilitation program was intensified, and the frequency was increased.
Since the accident, she has suffered from post-traumatic arthritis and now must take nonsteroidal anti-inflammatory medication and paracetamol to manage the pain.
The plaintiff was able to return to work after 4 months but has had a few days off since then due to the arthritis pain.
This case was settled out of court and an amount of $xx in public liability compensation was agreed between the plaintiff’s and defendant’s solicitors.
The person/organisation that owns the road stated that they were unaware of the pothole but acknowledged that they were responsible for the maintenance and upkeep of the road thus, admitting liability.
An initial amount of $xx was rejected by the plaintiff’s lawyers as they argued that the amount being offered did not reflect her injuries.
They argued that due to post-traumatic arthritis she now suffers from, the injuries sustained from this incident will remain with her for life.
A final settlement was offered which the lawyers agreed fit the circumstances.