Over £5.5m Damages Awarded Following Workplace Accident

Our client, a plasterer employed by the defendant, suffered a head injury resulting in life-changing injuries from a workplace accident on 27 March 2017 when he fell 15 feet through an open stairwell at a renovation site whilst moving plasterboard.

The accident occurred due to unsafe site conditions, including improperly fitted protective coverings. Our client suffered a moderate-severe traumatic brain injury, spinal fractures, and other complications, leaving him with significant cognitive, psychological, and physical impairments.

He was later deemed a protected party under the Mental Capacity Act 2005, requiring a litigation friend and professional deputies to manage his financial affairs.

Liability was initially challenged by the defendant. Additionally, in terms of causation, the defendants argued that a combination of our client’s substance abuse and psychiatric issues were to blame for his emotional and behavioural issues, rather than being causative of the index injury. A specialist Health and Safety report was obtained and liability was finally conceded.

Expert evidence was sought from a neurologist, neuropsychiatrist and neuropsychologist who recommended our client to undergo a state-of-the-art 3-Tesla MRI scan. This confirmed he was suffering from a moderate-severe traumatic brain injury. As a result, we were able to obtain a substantive early interim payment, which enabled an extended period of funding for a specialist brain injury rehabilitation residential unit to treat both our client’s brain injury and his accident-related drug dependency. The matter was stayed by the court to allow for rehabilitation and treatment.

Our client underwent additional spinal investigations, which ruled out serious long-term complications such as myelopathy or syrinx.

Extensive expert evidence supported our client’s claims for care, aids, loss of earnings, and Court of Protection fees, among other needs. After two joint settlement meetings, the parties agreed to a £5,650,000 gross settlement, on a full and final basis, despite the defendant acknowledging the potential for provisional damages for epilepsy if the case proceeded to trial.

As a consequence of the intensive therapy our client is able to live independently within the community supported by his case manager, financial deputy, and specialist rehabilitation team. His relationship with his family is also greatly improved as a result, as has his overall well-being and health. The settlement was subject to court approval, following which concluded the claim.

A Testimonial from the Family

“We instructed Lanyon Bowdler to pursue a claim for our son after he suffered a work-related accident. Throughout the entire process, Dawn went above and beyond to ensure we fully understood each stage of the claim and were comfortable with every decision being made.

“The case took a long time to settle, and there were moments where we felt exhausted and tempted to accept the initial offer. However, with Dawn’s encouragement, empathy and unwavering support, we continued on — and in the end, the final settlement far exceeded our expectations.

“As a normal working-class family suddenly thrown into a complex legal battle for compensation after an accident that should never have happened, we quickly realised how much of a minefield the legal process can be. Without Lanyon Bowdler, we would likely have accepted the first offer. Instead, Dawn focused on the long term — what our son’s life might look like in 25+ years. While he is able to live relatively normally now, future mobility issues may arise due to his injuries. Her attention to detail and the questions she asked — things we would never have thought to consider — truly stood out.

“Dawn and her team fully understood the challenges of living with a loved one who has a brain injury. They were always available to answer concerns, provide reassurance, and remind us that we were doing the right thing — even when the process felt overwhelming.

“We are forever grateful for the team’s perseverance and diligence, which led to the right outcome. We can now rest easy knowing our son is financially secure for life and will have the support he may need in the future. The service from Lanyon Bowdler has been second to none, and we would not hesitate to recommend them to anyone needing help with a personal injury claim.”