Stewarts Law turn case around
13 April 2005
Stewarts Law recently settled a claim brought on behalf of a 75 year old tetraplegic man who was injured whilst working on his son's farm in February 2003.
Robert Phillipson had been asked by his son to change some light bulbs in one of the farm outbuildings. Whilst doing so, the ladder he was using broke causing Mr Phillipson to fall to the ground. As a result of his fall he sustained an incomplete spinal cord injury at level C2.
Mr Phillipson originally instructed another firm of solicitors but, frustrated with the lack of progress with his case he decided to transfer his instructions to Stewarts Law because of their reputation as experts in conducting claims for spinal cord injury.
Stewarts Law took over the case in October 2004 and instructed a team of experts to assist in putting forward his case. Following lengthy discussions with the solicitors appointed by the insurers, an agreement was reached in March 2005 to settle the case. The settlement was achieved notwithstanding the insurer's arguments Mr Phillipson's son was not to blame and that even if he was Mr Phillipson himself was also to blame. The insurers also sought to argue that Mr Phillipson's fall had not been the result of the ladder breaking but rather because Mr Phillipson had suffered a heart attack whilst working up the ladder.
Under the terms of the settlement Mr Phillipson will receive a lump sum of £325,000 with which he will build a bungalow for himself on the farm, buy a suitable vehicle and other much-needed items of equipment. He will also receive the sum of £130,000 per year paid in monthly instalments for the rest of his life which will ensure that he can pay for his care, physiotherapy and other therapies. This will ensure that the burden of caring for him taken off his wife June who has been a tower of strength ever since his injury.
Mr Phillipson's solicitor, Daniel Herman of Stewarts Law, said:
"It was important when taking over Mr Phillipson's case to ensure that whatever we did, we did it quickly. Mr Phillipson did not want his case to drag on any longer; he wanted to settle his case as soon as possible so that he could spend his remaining years enjoying a good quality of life. At the same time, he had very clear goals which included employing carers to take the burden off his wife and building a new bungalow to accommodate himself, his wife and his carers. The settlement will enable him to achieve those goals."