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Irwin Mitchell’s international personal injury experts helped a man after he suffered an excruciating injury whilst staying at the Acapulco Spa Resort Hotel and Villas in Kyrenia, Cyprus, in 2010.
Mr and Mrs Tostdevine were enjoying their holiday and were about to set off to the hotel restaurant for breakfast when Mr Tostdevine fell-over whilst following his wife out of their bungalow. He stumbled over the unguarded edge of the front steps and fell around five feet down to the ground. There was no handrail or safety barrier to help our client break his fall.
Mr Tostdevine landed heel first on a surface of concrete and rockery, tearing his clothing and scratching himself all over. He was initially winded in shock and after being examined by hotel staff, his foot had swollen like a balloon. Our client was taken to a local hospital where he had to pay for an x-ray and was subsequently advised that he had torn a ligament in his foot. Mr Tostdevine had his foot bandaged and also had to pay for painkillers and a crutch.
As a consequence of his injuries, our client could no longer walk to the bungalow the couple were staying in and had to be relocated to the main hotel building. Initially the hotel wanted to charge Mr Tostdevine for the room upgrade and the use of a hotel wheelchair. Fortunately, they relented on this position.
The accident ruined the couple’s holiday and Mr Tostdevine spent the rest of the trip in significant pain. He required constant assistance from his wife for basic tasks such as showering and dressing and was forced to eat all his meals in the hotel room as he was in too much pain to get to the restaurant. Furthermore, the hotel pool didn’t have adequate wheelchair access so Mr Tostdevine frustratingly had to rely on staff to carry him over a wall to use the facilities.
A few days after the hospital visit, Mr Tostdevine visited the hotel nurse. However, she simply said that she thought that his foot was bruised and changed the bandages.
On his return to the UK, Mr Tostdevine wrote to the hotel to complain about the accident and the difficulties he had subsequently encountered. When he complained about the difficulties he had endured regarding wheelchair access, the hotel company responded that he should have checked whether the resort had wheelchair access before he booked the trip. Mr Tostdevine found this very insensitive and saw it as another example of the hotel not taking any interest in his predicament.
His pain also continued after the couple’s return home and after visiting the hospital, he was told that he had actually shattered his heel. He was admitted for surgery straightaway and had pins and plates inserted into his foot. Mr Tostdevine had to stay in hospital for five weeks and during this time he had to lay still with his foot raised and relied on nursing staff for even basic tasks. After being allowed to go home, Mr Tostdevine’s foot was kept in a brace for a further six weeks.
Our client couldn’t return to work for around three months and when he eventually returned he had great difficulty. He had to use walking sticks to get around and also keep his foot raised.
Unfortunately, a few months after returning to work, Mr Tostdevine was advised that the metal plates in his foot had caused an infection and that further surgery would be needed straightaway. This operation involved implanting antibiotic inserts directly into the heel to fight the infection. Following ten days of recovery, Mr Tostdevine underwent a further operation to remove the antibiotics. He was awake during this operation and he found it to be a very unpleasant and uncomfortable experience. Mr Tostdevine was forced to remain off work for a further five weeks.
As a result of his injuries, Mr Tostdevine knows that he will suffer complications with his injured foot for the rest of his life. Cold weather makes his foot very painful and Mr Tostdevine now walks with a limp. However, Mr Tostdevine knows that it could have been much worse as he has been told by his surgeon that there was a real possibility that his foot might have required amputation.
The injuries changed Mr Tostdevine’s life; he could no longer play football or with his young grandchildren and finds it hard to walk around the shops.
Mr Tostdevine came to Irwin Mitchell for help and we started court proceedings on his behalf. Despite the hotel not accepting responsibility for the incident, international personal injury lawyer Cheryl Palmer-Hughes was able to negotiate an out of court settlement of £38,000.
On the conclusion of his case, Mr Tostdevine said: “I am so pleased we found you. My wife and I tried four other firms before I came to you and I’m so grateful for everything you have done.”
Cheryl Palmer-Hughes added: “This has been a period of suffering for Mr Tostdevine, beginning with his terrible injuries and continuing with a legal process which was, as a result of the opposition’s approach, more drawn out than was necessary.
“However, I am pleased to say that, as a result of the knowledge and persistence of the specialist lawyers in our International Personal Injury team, we were able to ensure that the process proceeded with minimum disruption to Mr Tostdevine. We were able to secure compensation which will enable him to begin to move on from his injuries.”
Our serious injury claims team could help you claim compensation if you have suffered a fracture or broken bone as the result of an accident. Visit our Broken Bone Or Fracture Claims page for more information.
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