A Case Study of a Road Traffic Accident

Background

I recently settled a case for a client who sustained life-changing injuries when she was hit by a car driver whilst crossing the road. She suffered extensive orthopaedic injuries including fractures to her pelvis, wrist, both lower legs, knee, shoulder and teeth, internal abdominal and gynaecological injuries, and significant psychiatric injury. She was in hospital for two months and had to undergo multiple surgeries before she was well enough to be discharged home.

The circumstances of the accident were not disputed, and the driver’s insurers quickly admitted liability for the accident.

Rehabilitation and Rehousing

I organised an Immediate Needs Assessment (INA) to assess the support my client would need to during her recovery. This included private treatment to supplement that available on the NHS: intensive physiotherapy, occupational therapy, periodic reviews with orthopaedic specialists, and psychological treatment.

Prior to the accident my client had also been relocated by her local authority to a remote part of Kent. She had no family or friends to support her once she was discharged home. The INA recommended she be housed back in her community in London.

The driver’s insurers agreed to fund the recommendations as part of my client’s claim, and I took the necessary action to relocate her back to London and arranged her access to the recommended treatment to support her recovery.

Due to the seriousness of her injuries, my client was unable to work. Throughout the life of the case I also secured numerous interim payments totalling over £50,000. This ensured she was supported financially prior to the final settlement.

Expert Evidence

I organised for my client to be seen by various independent medical experts to prepare legally required medical reports on her injuries. In all injury claims, these reports assess the extent of the injuries and any lasting consequences. This enables solicitors on both sides to assess how much compensation a claimant should expect to receive for their injuries.

My client was seen by numerous experts specialising in:

• Orthopaedic trauma
• Dentistry
• Gynaecology
• General surgery
• Psychiatry
• Care

Life changing injuries

Despite early and extensive rehabilitation, my client was not expected to make a full recovery from her injuries, and these would have a significant and permanent impact on her life. She was considered disabled under the Equality Act 2010, and her injuries were life changing.

Settlement negotiations commenced with the driver’s insurers, who initially offered £300,000 in full and final settlement of my client’s claim. In my experience this was a low offer and I recommended that this offer be rejected. Following further negotiations, I was able to secure a compensation settlement of just over £500,000 which my client accepted.