Ex-Miner wins victory over former solicitors for damages they failed to recover for vibration white finger

July 29, 2013 | Comments Off

Mining Equipment

In the first court decision of its kind a ex-miner has won damages in his claim against Raleys Solicitors for their professionally negligent advice in relation to his claim for compensation. Vibration White Finger is an industrial disease which he developed whilst working in the coal industry in the 1970s, 1980s and 1990s.

The ex-miner made a claim for compensation under the original compensation scheme agreed with the DTI in 1999 when he developed the condition as a consequence of his excessive use of vibrating tools. Whilst he received compensation for his actual condition, he did not recover damages for the difficulties he had as a consequence of that condition with various household tasks, such as gardening,window cleaning or car maintenance to name a few; a head of damages which became known as “services”.

His Honour Judge Gosnell found that the advice given by the former solicitors was negligent on several points including that they failed to attempt to provide guidance to the potential value of his services claim and that as a consequence the ex-miner had accepted a sum substantially less than his claim was worth.

Raleys have now been made to pay the shortfall and interest from the date he would have concluded his case correctly.

Jordans Professional Negligence team act for many miners in similar circumstances who believe their claim for VWF was under settled. This decision will help them in their further claim against their former solicitors.

If you believe your claim for VWF was not dealt with correctly, contact us immediately as such claims are subject to time limits.