On what should have been the start of an enjoyable day out in London, one hotel guest had her day ruined due to a breakfast to remember – for all the wrong reasons.
Our client, C, and her mother were enjoying their meals when a hotel staff member came over to their table to attend to their needs and, in doing so, spilt a cup of scalding hot water onto C’s lap. This momentary lapse of concentration by the hotel staff member led to C suffering second-degree burns and permanent scarring to her upper thighs.
The Injuries Suffered by Our Client
The accident caused C to suffer both physical and psychological injuries :
- Physical Trauma: C suffered second-degree burns, requiring immediate medical attention at A&E.
- Ongoing Treatment: For a month following the incident, C had to visit her GP every other day for a change of dressings.
- Persistent Pain: C experienced overwhelming and persistent pain, which had a significant impact on her everyday life.
- Permanent Scarring: A plastic surgeon confirmed the scarring C suffered on both thighs would be permanent and advised against exposing the affected area of her body to the sun for between one and two years. Fortunately, her plastic surgeon recommended that she wouldn’t need surgical or laser treatment.
- Psychological injuries: C was diagnosed with acute stress disorder, which lasted 12 months post-accident.
- Mental Health Support: C underwent 12 sessions of counselling as a treatment for the psychological effects of the incident and the subsequent injuries suffered.
The Road to Recovery
C found recovery to be difficult at times:
- C needed assistance with her personal care due to the pain and location of the burns.
- She became highly self-conscious and suffered from anxiety because of the appearance of her scars.
- C was reluctant to wear certain clothes due to the visibility of the scars.
- A planned music festival abroad with friends had to be cancelled, which led to her suffering financial loss.
The Compensation Claims Process
C asked Mooneerams Solicitors to bring a personal injury claim on her behalf against the hotel where the accident happened. C chose Mooneerams to handle her case after reading some of the firm’s 5-star online reviews. Mooneerams solicitor, Lowri Edwards, acted for C.
Below are the main points arising from the legal process, from receiving C’s instructions to a settlement of the claim:
- Liability: The hotel’s insurers admitted negligence at an early stage. An employee of the hotel spilt hot water, and therefore, the hotel owners/management were vicariously liable for their employees’ actions.
- Medical Evidence: This allowed us to concentrate on getting appropriate medical reports to provide evidence of C’s injuries and definitive opinions on prognosis.
- Claim Components: As this was a personal injury claim, the main element of compensation, or damages, was to compensate C for the personal injury she suffered – both physical and mental. ‘Compensation for injury’ is officially known as ‘damages for pain, suffering and loss of amenity’ (where ‘amenity’ refers to the effect the injuries had on her everyday life).
The balance of the claim was for ‘special damages’- monetary losses. In C’s case, these included:
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- Care and assistance costs
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- Travel expenses
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- Prescription and over-the-counter dressing costs
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- Fees for attending counselling
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- Financial losses from the cancelled holiday and music festival
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- Loss of enjoyment (from not being able to go on the holiday she was looking forward to).
- Negotiation Process: This was a prime case for a negotiated settlement, with liability not being in issue and the medical evidence providing final prognoses.
Offers and counter offers went back and forth between Lowri and her opposite number at the hotel’s insurance company. Finally, the insurers offered a figure that Lowri was able to advise her client would constitute a reasonable settlement.
No court proceedings were necessary, thanks to effective negotiation and moving the case on as quickly as was feasible, thus keeping pressure on the insurance company.
The Outcome of the Claim
Thanks to Lowri’s diligence, her command of the case and sound negotiating skills, she secured a full and final settlement of £13,500 for C.
Client Experience
C and her mother were kept fully informed of what was happening at every step of the way. Lowri ensured any queries and concerns were always promptly addressed. The client expressed her satisfaction with Lowri’s work by leaving her a 5* review on the Review Solicitors website.
About Lowri Edwards
Lowri Edwards is a solicitor at Mooneerams Solicitors, specialising in public Liability claims, occupiers liability claims, and accidents at work claims.
Lowri is a product of the Mooneerams postgraduate training scheme, a pathway for talented young law graduates, mainly from South Wales, helping them to reach their goals of becoming solicitors or paralegals.
This short case study showcases one of the types of injury claims Lowri and her colleagues handle every day. It is also a perfect example of the efficient, skilful, and confident manner in which our lawyers go about their work and, in doing so, ensure that innocent victims of accidents that weren’t their fault get access to justice and the maximum compensation they deserve.
Mooneerams: Your Experts in Public Place Accident Claims
Mooneerams Solicitors’ are experts in handling accidents in public places, such as the case we’ve covered in this article. However, as claimant-only personal injury solicitors, we cover all injury claims. You’ll learn more about the work by visiting our website.
Don’t hesitate to contact us if you’ve suffered an injury in a public place. Our team is ready to provide expert advice and guide you through the claims process.
Visit our Accidents in Public Places page for more information on how we can help you get the compensation you deserve.
Accidents can happen anywhere, but you don’t have to face the consequences alone. You can trust Mooneerams to fight your corner and ensure you receive fair compensation for all your injuries and losses.
Call Mooneerams now on 029 2048 3615 if you’ve been injured in an accident in a public place or elsewhere. We handle most clients’ claims on a No Win No Fee basis.
