£120,000 for injured stable lad
National Association of Stable Staff legal support has enabled this member to recover the sum of £120,000.00 in settlement of his claim for damages arising from an accident during the course of his employment.
The member suffered his accident in August 2007 when he was in the paddock supervising the horse picking process following exercise. One of the horses went out of control and broke free from its handler causing the member to be knocked down and trampled on.
The member suffered serious injuries resulting in him being airlifted to hospital and retained as an inpatient for 3 weeks.
The horse in question was a known character and had a reputation for being awkward. It was alleged that this horse should not have been placed in the paddock with the other horses due to its known tendency to go out of control and reputation for being difficult to handle.
The member approached NASS for legal advice in April 2008 and Morrish Solicitors LLP were instructed to represent the member in a claim against his employer.
A letter of claim was sent and an early admission of liability was received.
Settlement of the claim had to be delayed due to the seriousness and complexity of the member’s injuries. Settlement was only possible once the medical evidence had been finalised.
Expert medical evidence was obtained from a Consultant Orthopaedic Surgeon, Consultant Neurologist and Clinical Psychologist.
Following the service of initial medical evidence and prior to the commencement of Court proceedings, the Defendant offered £12,000.00 in full and final settlement of the member’s claim. Upon the advice of Morrish Solicitors this was rejected and Court proceedings were subsequently issued on 17 June 2010.
Following the obtaining of further medical evidence and continuing negotiations the Defendant increased their offer to £75,000.00. This was then increased to £90,000.00 before settlement was agreed in the sum of £120,000.00.
This settlement is in addition to payments received by the member under the Racing Industry Accident Benefits Scheme (RIABS).
The member’s legal costs are recovered from the Defendant and there are no deductions from his damages.
As the member’s claim was funded by NASS there was no risk to him of having to pay any legal costs whether or not his claim succeeded. In the event that the claim was not successful NASS would have indemnified the member against any adverse legal costs and, in accordance with the funding agreement in place, Morrish Solicitors would not have charged for work carried out. Therefore, the member had nothing to lose in pursuing a claim.
It should be noted that NASS funding is subject to the prospects of success being considered reasonable, ie better than 50/50.
