An HGV driver from Kent, who suffered a traumatic brain injury, has secured significant compensation with the help of Thompsons Solicitors.
Dean Clerkson, 49, was working for Independent Hire and Sales when he was found in the cab of his lorry with catastrophic injuries to his head, ribs and shoulders.
Dean cannot remember the sequence of events that led up to his accident and there were no witnesses to give an account of what happened. After the accident Dean was airlifted to hospital.
Dean suffered a life-changing head injury, which affects his speech, memory and his ability to process information. He has had to give up his job and it is unlikely that he will work again.
Following his accident, Dean’s family contacted serious injuries specialists, Thompsons Solicitors, to investigate a claim of compensation on his behalf.
Dean’s employers strongly denied liability for his accident, but Thompsons’ investigations left no stone unturned, seeking documents and witness evidence to prove how and why the accident happened. Thompsons concluded that the most likely explanation was that in order to check the load Dean had climbed onto the top of his lorry, without appropriate safety equipment, and had fallen.
Following disclosure of the evidence obtained by Thompsons, and negotiations with his employer’s representatives, compensation was secured for Dean.
Dean said: “Employers should do the right thing by ensuring workers’ health and safety but my employers didn’t do the right thing by me.”
Dean’s wife, Lesley, said: “It has been an extremely emotional and traumatic time for Dean and our family. Coming to terms with Dean’s injuries has been really difficult. The physical change in him is so sad, he’s lost his self-esteem and so much of his independence. But we’re so thankful to Dean’s colleagues for coming forward and providing crucial statements, which meant that we could get some justice for him.
“Dean’s injury was an accident waiting to happen and unfortunately it has resulted in unthinkable consequences for our family. We would like to thank Thompsons Solicitors for their hard work and commitment to ensuring that Dean secured a fair settlement.”
Henrietta Phillips, of Thompsons Solicitors, said: “This was a particularly challenging case because there were no direct witnesses of the accident.
“The extent of Dean’s injuries will affect him for the rest of his life. We were determined to get to the bottom of what happened and that perseverance ultimately enabled us to build a very realistic picture. Eventually, despite vehemently denying the claim, the evidence stacked against them and Dean’s employers were forced to accept liability. Now, thankfully, the compensation means his future needs will be met.”