Compensation for Accident in Shop

I was instructed by Mrs M following an accident in April 2012. Mrs M was visiting a large clothing store based on Oxford Street with her two teenage granddaughters. She was walking down a set of internal stairs when she slipped on a spillage and fell down approximately 6 to 7 steps landing on the ground.

She suffered immediate pain from her right shoulder. She was assisted by members of staff and sat down on a chair. A note was made in the accident book. Mrs M’s daughter collected her and drove her home.

Mrs M was suffering from increasing pain from her shoulder so attended hospital where she was diagnosed with a traumatic tear to her rotator cuff. She was advised to undergo surgery but due to a previous unpleasant experience with a general anaesthetic, she opted for conservative treatment in the form of steroid injections and physiotherapy. She continued with this treatment for 18 months without significant improvement or pain relief.

Mrs M freely accepted that she had serious problems with her knees before the accident and was on the waiting list for a knee replacement. Her knee pain meant that she required regular assistance from her family with daily activities. However the injury to her shoulder had compounded her situation and meant that she required additional help.

Mrs M instructed me a year after the accident. I quickly obtained an admission of liability from the insurers of the store and obtained a report from an expert orthopaedic consultant who specialised in shoulder injuries. The consultant explained that Mrs M would continue to have severe pain and restriction of movement unless she underwent a full shoulder replacement.

After much discussion and debate with her family, Mrs M made the decision to undergo the surgery. I obtained interim funding from the insurers in excess of £13,000 to pay for the operation on a private basis. The surgery was undertaken by one of the UK’s leading shoulder surgeons in January 2014. Mrs M then underwent physiotherapy and hydrotherapy.

Whilst the surgery improved Mrs M’s movement, her pain remained at the same level. I therefore arranged for her to be examined by a consultant in pain medicine who recommended that she undergo an inpatient course of pain management treatment.

I obtained further interim funding from the insurers to pay for the recommended pain management, but Mrs M decided to delay this as she had to undergo bilateral total knee replacement surgery.

Whilst Mrs M was recovering from her knee replacement surgery the insurers made an offer of settlement. Whilst her prognosis was still uncertain without knowing the outcome of the pain management treatment, Mrs M wanted to resolve matters so she could move on with her life. She accepted an offer in excess of £50,000 plus the cost of her treatment.

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