Brain injury claim
Field Fisher Waterhouse LLP has recovered compensation from
Team Q Maintenance after a man was left with brain damage sustained from a fall whilst
carrying out maintenance.
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Mr Mistry’s wife, Damini Mistry said: "This accident has
caused a great deal of injury to my husband followed by a great
deal of trauma to us all. Kantilal requires long term personal and
medical care and our lives have been shattered. The financial and
practical effects are huge. I have lost my husband. I have to live
with this for the rest of my life and so does he."
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Kantilal Mistry from Stanmore in North London was an employee of
Team Q Maintenance and in July 2005 was sent to a job at an
advertising company’s premises in London. He was required to work
on an air conditioning unit which sat on a roof platform. Access to
the unit was difficult and had been previously assessed by Team Q
Maintenance as a risk. Despite the apparent hazard which his
employer was aware of, Mr Mistry was not informed of the issue. He
sought access to the area using a ladder and was later found on the
floor, his foot caught in the ladder. The assumption is that he had
fallen whilst descending the ladder. Materials stored around the
access point had made it difficult to access the platform
safely.
As a result of the accident Mr Mistry suffered a fractured skull
and sustained brain damage and other injuries. He has not worked
since the accident, has difficulty with basic activities and must
be attended to by carers daily.
After negotiations Team Q Maintenance, has accepted the majority
of responsibility, 80%. It has been accepted that Mr Mistry bears
20% responsibility. Mr Mistry will receive an initial £100,000
interim payment but expects to receive a substantial award once the
claim has been fully quantified.
This settlement on liability was approved today at the Royal
Courts of Justice, London before the honourable Mrs Justice
Slade.
Jill Greenfield, Partner and Brain
Injury compensation specialist at Field Fisher Waterhouse said:
"This was a difficult case. There were no actual witnesses
to what had happened, but what was clear was that Mr Mistry’s
employer had already assessed access to the unit as difficult and
dangerous. The settlement reflects the fact that Team Q maintenance
accept the majority share of the blame, 80%, the 20% concession
represents contributory negligence on the part of my
client.
I am pleased that we have now managed to resolve the issue
of liability favourably. Mr Mistry has very significant care needs.
The interim payment will be used to deal with those needs. I will
now be starting the process of assessing the full financial value
of this case but expect that ultimately it will be a seven figure
sum."
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CLAIMS
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3848. Alternatively, contact either Jill
Greenfield or Paul McNeil or call them on 020
7861 4000.
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