In a second of its type an ex-miner has won a claim for Vibration White Finger (VWF) damages that his former solicitors failed to recover.
Earlier this month the ex-miners former solicitors were successfully sued after a judge assessed that a client’s case had been dealt with without face-to-face meetings and the extent of the case had been misjudged.
The firm had settled a claim of £11,141 for the ex-miner, who lives near Leeds, in general damages and loss of future earnings after he developed vibration white finger. However, damages for the difficulties he had as a consequence of that condition, a services claim, were not taken into account.
As a result of VWF, an industrial disease caused by the prolonged use of vibrating machinery during 19 years as a miner, the ex-miner struggled with tasks such as gardening, car repairs, decorating and DIY.
At Leeds County Court Judge Gosnell, who awarded the previous first of its kind win, said that the client may not have fully understood how the system operated and what claims he was entitled to make due to the firm relying on questionnaires and standard letters. These internal systems allowed the law firm to deal with a high volume of claims and are believed to have settled 12,297 VWF compensation claims.
He added that in his view it was ‘not too much to ask’ that the solicitor directly consult with the client to advise him in layman’s terms what a services claim was and whether there were grounds for it. The ex-miner was awarded £5,539, half of the sum he would have been entitled to if the services claim had been made.
Ourselves, based in West Yorkshire, are working with law firm Mellor Hargreaves, who won the case for the ex-miner, under the name Miners VWF Compensation Consortium as thousands more former miners could be entitled to a further amount of compensation.
Click here to read our article on the first win.