Another brain-injured client satisfied after changing solicitors to Bolt Burdon Kemp
We represented Martha, a woman in her thirties, who was involved in a road traffic accident when she collided with another car at a roundabout. She did not hit her head but suffered whiplash. Following the accident, she experienced a number of symptoms including fatigue, migraines, dizziness, and concentration issues, and she was also prone to frequent collapses. Her doctors diagnosed her with post-concussion syndrome.
Martha initially instructed a firm of personal injury solicitors who were not brain injury specialists. They valued her claim at less than £25,000 and recommended that the case be dealt with using the portal for low value personal injury claims. Martha was not satisfied with this assessment and contacted BBK to see if we could take over her case given our expertise in brain injury cases.
Having dealt with a number of cases involving post-concussion syndrome, we recognised the severity of her injury from the outset and accepted Martha’s case. The Defendant denied liability – arguing that the accident was Martha’s fault and that her ongoing symptoms were unrelated to the accident. We therefore arranged for Martha to be examined by medical experts who found that, due to the accident, she had suffered a mild traumatic brain injury, as well as post-concussional symptoms – and that she had also gone on to develop functional neurological symptom disorder due to the trauma of the accident.
We settled Martha’s claim for a six-figure sum – a significantly higher amount than her previous solicitors’ assessment.
Fibromyalgia for taxi driver involved in collision
Our client was driving his taxi when the Defendant’s vehicle pulled out of a side road. The Defendant didn’t give way to our client and she crashed into the side of his taxi, sending it into a spin. Soon after the accident our client’s left arm and hand began to swell up and he gradually developed pain all around his body.
About a year after the accident, our client was diagnosed with Fibromyalgia, a chronic condition that causes widespread pain. He also suffered fatigue and issues with his sleep, memory and mood. He initially instructed another law firm through his insurance company to handle his claim. However, it became clear to him that they were not experienced in dealing with such complex injuries.
We took over conduct of his case and instructed a pain management expert and a rheumatologist expert along with other specialists to report on the extent of our client’s injuries and losses. Whilst evidence was being gathered we obtained interim payments totalling £16,000 for our client to help support him financially while the claim was ongoing.
The Defendant’s representatives obtained their own medical expert reports, which disputed the cause of our client’s symptoms. They believed that our client would have suffered from the same condition even if the accident had never happened, because of other stressors in his life.
Despite the Defendant’s evidence contradicting our own and their assertion that the claim’s value was very low, we adopted a robust position and negotiated a settlement of £140,000 for our client. He was very pleased to be able to move on with his life.
Taxi passenger fractures spine and receives £175,000 in compensation
Our client, a retired plumber, was a rear seat passenger in a taxi, which was hit by another vehicle. Our client fractured his spine. He underwent surgery to stabilise the fractures, but was left with pain in his neck and loss of mobility in his right arm and hand. After he was discharged home, he required a great deal of care and assistance from his wife.
We secured an early interim payment of £5,000 for our client. A case manager carried out an assessment of our client’s immediate needs, following which private physiotherapy and psychology sessions were arranged, and the sessions were paid for by the Defendant’s insurance company.
Reports were obtained from rehabilitation, speech & language, care, orthopaedic, spinal and psychiatric experts about the extent of our client’s injuries and to help value our client’s claim.
After our client underwent further surgery to his neck, the range of movement and strength in his upper right limb improved and gradually returned to normal. However, he was still left with some issues which were expected to improve in the coming years but ultimately persist in the long term.
The claim settled at an early stage for £175,000, which our client was very pleased with.
Mum receives £200,000 in compensation after being hit by speeding car
Our client was walking next to her sister and her horse when a driver sped around a bend on a country lane, lost control of his car and collided with her, throwing her into nearby hedges. Our client was 24 weeks pregnant at the time.
Thankfully, after several tests, our client received the news that her unborn child hadn’t been harmed in the accident, but the rest of her pregnancy was blighted by considerable and persistent pain. As a result of the accident our client sustained several complex pelvic and rib fractures as well as a broken collarbone. She later underwent a c-section to deliver her child, partly because of the difficulties in safely managing her orthopaedic pain. Our client’s reliance on pain medication during the later stages of her pregnancy due to the pain from the accident was such that our client had to endure the horrifying scenario of her new-born baby experiencing opiate withdrawal symptoms – something that left her with significant emotional scarring and for which she needed psychological therapy.
An admission of liability for the accident was obtained early on, however, the driver’s insurer denied that our client’s injuries had any long term consequences and they fought the case strongly on this basis. The expert medical evidence and witness statements that we obtained were crucial to our client succeeding in her case.
So far, our client has not yet been able to return to work as a veterinary nurse although she hopes this will be possible in due course.
Fortunately, after obtaining several interim payments during the course of the claim, the case was ultimately settled at a virtual settlement meeting for the sum of £200,000. This substantial sum of money will provide our client with the financial security she needs to re-train or obtain alternative employment if she can’t reprise her veterinary nursing role, whilst also compensating her for her physical and psychological injuries.
£8.8m compensation for pedestrian with traumatic brain injury in motorcycle collision
Our client was crossing the road when a motorcycle being driven at excessive speed collided with her. She sustained a severe brain injury as well as chest injuries, a broken pelvis and badly broken legs. As a result of her brain injury, our client was diagnosed with organic personality disorder and profound dysexecutive syndrome with gross loss of behavioural, cognitive and emotional control. There is severe retrograde amnesia with great difficulty remembering recent events and with new learning. Our client frequently exhibits challenging behaviour, particularly when demands are placed on her.
Our client required extensive treatment in hospital and received rehabilitation as an inpatient for some time before she stopped engaging with it. We sought and obtained a large interim payment – enough to fund two full time support workers and the setting up of a community based rehabilitation programme that our client could access while also living in her own place.
We settled our client’s case at mediation, and obtained a large lump sum and substantial annual periodical payments, which will pay for her to have the support of two carers, suitable accommodation, aids and equipment and therapies for the rest of her life.
Compensation for elderly pedestrian hit by speeding car on crossing
Our client was crossing the road at a pedestrian crossing when he was hit by a speeding car that failed to stop in time.
Our client suffered a heart attack brought on by the shock of the accident and was given CPR at the scene by a member of the public until he was airlifted to hospital. He sustained a significant head injury and subarachnoid haemorrhage as well as serious orthopaedic injuries including fractures to his back, pelvis and right limbs. After a lengthy stay in hospital, our client was discharged at first to a residential care home, and then he was able to go home with the support of a significant care package including carers, speech and language therapy, physiotherapy, occupational therapy and a case manager to coordinate.
As a result of his head injury, our client suffered from difficulties with his swallow function and had numerous bouts of aspiration pneumonia. Sadly he died just over a year after his accident from a chest and stomach infection.
We initially represented our client in his personal injury claim, and then after his death we continued the claim on behalf of his wife, as administrator of his estate. We successfully negotiated a settlement of £120,000 in compensation.
Man run over by drunk uninsured driver receives £125,000 in compensation
Late one evening, our client was assaulted and knocked unconscious. Whilst lying in the road he was run over by a drunk driver who had already been banned from driving. As the driver was uninsured, we submitted a claim to the Motor Insurers’ Bureau (MIB) on behalf of our client.
Our client suffered multiple injuries including breaking his right arm in three places, a fractured collar bone, multiple rib fractures, cuts and bruises and a psychological reaction to the incident.
We obtained the police recording of an interview with the driver, in which he admitted to driving whilst disqualified and drunk. After sending a copy of the interview to the MIB they confirmed that liability would not be disputed.
We obtained independent expert evidence about the extent of our client’s various injuries to help value his claim. We also arranged for our client to undergo regular physiotherapy and cognitive behavioural therapy to assist with his recovery.
Although our client was not working at the time of the incident, we were able to establish that, had the accident not occurred, he would have otherwise been working and earning money. Our evidence showed that our client will be at a permanent disadvantage on the open labour market as a result of his injuries. We negotiated a favourable settlement of £125,000 for him.
Mum receives £200,000 in compensation after being hit by speeding car
Our client was out walking next to her sister and her horse when the Defendant driver sped around a bend on a country lane, lost control of his car and collided with her, throwing her into nearby hedges. Our client was also 24 weeks pregnant at the time.
Fortunately, after several tests it was determined that our client’s unborn child was unharmed but the rest of her pregnancy was blighted by considerable and persistent pain. In the accident our client sustained several complex pelvic and rib fractures as well as a broken collarbone. She later underwent a C-section to deliver her child owing, in part, to the inability to safely manage her orthopaedic pain. Such was the need for pain medication during the latter stages of her pregnancy, our client had to endure the horrifying scenario of her new-born experiencing opiate withdrawal symptoms – something that left significant emotional scarring and required psychological therapy.
An admission of liability for the accident was obtained early on, however, the Defendant insurer denied that her injuries had resulted in any long term consequences and so the case was fought robustly. As such, the expert medical evidence and witness statements obtained were crucial to succeeding in the case.
Owing to our client’s physical injuries, complicated by some pre-existing health conditions, she has so far been unable to return to work as a veterinary nurse albeit it is hoped this will be possible in due course.
Fortunately, after obtaining several interim payments during the course of the claim, the case was ultimately concluded at a virtual joint settlement meeting for the sum of £200,000. This substantial sum of money will provide our client the financial security to re-train or obtain alternative employment if she is unable to regain her veterinary nursing role, whilst also compensating her for her physical and psychological injuries.
Lady suffers pelvic and spinal injuries after being run over by a van
Our client was the passenger in a van, which was parked outside a shop. Whilst the driver went into the shop, a passer-by told our client that the boot of the van was open and something had fallen out. Our client went to the back of the van to investigate. As she stood behind the van, it suddenly rolled backwards, knocked her down and dragged her some 20 to 30 metres along the ground.
Our client suffered multiple injuries including pelvic fractures, fractures of her spine and ribs, lacerations, scarring and injuries to both knees. She underwent several operations and was left with permanent mobility and continence issues. We wrote to the insurance company of the van notifying them of our client’s claim. It was never confirmed whether the van rolling back was due to the handbrake being left off or the van being faulty. The insurance company admitted liability for the accident, so investigations into the cause of the accident were not necessary. This meant we could focus our attention on gathering evidence about the extent of our client’s injuries and losses.
We obtained supportive evidence from experts in the fields of orthopaedics, neurosurgery, psychiatry and urology about our client’s condition and her long term recovery. Whilst the case progressed, we also secured over £30,000 in interim payments to help support our client and her family. Our client’s injuries sadly prevented her from fulfilling her long term goal of training to become an OT nurse. After gathering all of the necessary evidence we held a joint settlement meeting with the insurer’s representatives and reached a global settlement figure of just under £490,000. Although no sum of money can truly make up for our client’s pain and suffering, she is very pleased with the result.
Business owner suffers loss of earnings following neck and back injuries
Our client owned and ran a successful fashion business prior to a road traffic accident. She was travelling as a passenger in a car, which pulled out of a junction and into the path of another vehicle. The collision caused our client to suffer soft tissue injuries to her neck and back. We took on her claim and wrote to the driver’s insurance company on her behalf. Liability for the accident was admitted by the insurance company shortly afterwards.
We arranged for our client to be examined by orthopaedic and psychiatric experts. It was reported that she had suffered an acceleration of underlying symptoms in her neck and back by a period of two years. She was also diagnosed with a phobia related to travelling and an exacerbation of a depressive episode.
As a result of our client’s injuries, her fashion business saw a reduction in profits. We instructed a forensic accountant expert to consider all the evidence concerning her business. This expert prepared a detailed report on the extent of her loss of earnings. The defendants also obtained their own forensic accountancy evidence. They argued that our client’s pre-existing psychiatric issues would have caused a downturn in profits in any event.
Taking all the evidence from both sides into consideration our client accepted a settlement offer of £50,000.
Young woman suffers serious leg injury after being hit by fleeing motorcyclist
Our client was a pedestrian involved in a hit and run collision. She was hit by a motorcyclist, who mounted the pavement and ran over her right leg. Neither the motorcycle nor the rider were traced. The police later confirmed that the rider had been fleeing from a burglary.
Our client suffered a severe open fracture of both bones in her lower right leg. She spent three weeks in hospital, underwent numerous operations and was fitted with an external fixator for four months. Our client had been working in retail at the time of the accident and was unable to return to this job.
We submitted a claim on behalf of our client to the Motor Insurers Bureau (MIB) under the Untraced Drivers Agreement. After considering the police evidence, the MIB confirmed that liability would not be disputed. We and the MIB jointly instructed medical experts in the fields of orthopaedics, psychiatry and plastic surgery to report on our client’s injuries.
We obtained regular interim compensation payments for our client throughout the claim and also funding for vocational rehabilitation and revision surgery of the scaring on her injured leg.
We subsequently negotiated a final settlement for our client in excess of £94,000, which our client was very pleased with.
Mother receives compensation following death of son
Ms Smith (not our client’s real name) instructed us following the death of her 16-year-old son in a road traffic accident. Her son, who had been riding a moped, was involved in a collision with a car on a roundabout. He suffered fatal head injuries and sadly passed away in hospital eight days later.
The Defendant driver was later convicted of causing death by careless driving, driving without insurance and failing to report the accident. He was given a year’s prison sentence and banned from driving for two and a half years. Understandably, Ms Smith was distraught by the lack of justice here.
No money can ever compensate for the death of her loved one. After we obtained medical evidence and once the criminal proceedings had concluded, we were able to recover £20,000 in compensation for Ms Smith’s bereavement, funeral expenses and other financial losses.
The current level of bereavement compensation in England and Wales is an arbitrary figure of £12,980. By comparison, in Scotland the sums tend to be far greater, with judges awarding compensation on a case by case basis. At Bolt Burdon Kemp, we are passionate about the reform of this area of the law.
Passenger seriously injured in head on road traffic accident
Our client was involved in a serious head on road traffic collision whilst visiting the UK from Australia. She was a passenger in a hire car that crashed into another vehicle, which was travelling on the wrong side of the road and in excess of the 60mph speed limit.
The occupants of the other vehicle sadly died in the accident. Our client suffered multiple serious injuries including a broken leg, a broken arm and a perforated bowel. After being treated in a UK hospital, she was transferred back to Australia where she underwent further surgery and treatment.
Liability for the accident was admitted by the insurer of the other vehicle involved in the accident. We subsequently arranged for our client to be examined by numerous medical experts and also undergo private treatment in Australia. We obtained interim compensation payments for her totalling £25,000 to help her cope financially prior to final resolution of the claim.
Once all of the medical evidence had been gathered, we negotiated a settlement in the sum of £65,000. Our client was very happy with the way in which we handled her claim, as well as the final result.
Hit and run driver seriously injures pedestrian
We acted for an individual who, whilst waiting to cross the road, was knocked down by a car that mounted the pavement. The driver failed to stop and was never identified by the police.
Our client suffered very serious injuries including spinal injuries in the form of a fracture, multiple rib fractures, a punctured lung, facial injuries and further fractures to his right shoulder blade, arm and ankle. He was also left with significant scarring and ongoing Post Traumatic Stress Disorder.
We brought a claim against the Motor Insurers Bureau (MIB) on behalf of our client. The MIB is an organisation set up by motor insurers as a fund of last resort to compensate victims of accidents caused by either uninsured of untraced drivers.
After considering a large amount of medical evidence on the extent of our client’s injuries, we managed to negotiate a settlement of over £100,000 with the MIB.
Taxi passenger suffers multiple injuries in road traffic collision
Our client was a backseat passenger in a black cab, which collided with the rear of the vehicle in front after the driver fell asleep. Our client suffered a whiplash injury, a psychiatric reaction to the accident and most significantly an injury to her right wrist.
Our client worked as a freelance shoe designer. Her wrist injury significantly affected her ability to carry out her job for several months. The taxi’s insurers admitted liability for the accident. We then instructed various medical experts including a hand surgeon, a neurologist and a psychologist to report on the extent of our client’s injuries.
We obtained numerous interim compensation payments for our client throughout her claim to assist her financially. After some negotiations, we managed to agree a settlement of £50,000, one month before the claim was due to be heard at trial.
Compensation for family following the death of elderly pedestrian hit by a car
Mr W, a 78 year old man, suffered life changing injuries when he was hit by a car whilst crossing the road. Mr W required CPR at the scene of the accident and suffered a severe hypoxic brain injury as well as multiple internal and bony injuries.
The Defendant denied liability for the accident, alleging that Mr W had ran across the road in front of the Defendant’s vehicle leaving her no chance of avoiding the accident. We investigated the circumstances of the accident and provided the Defendant with strong witness evidence to demonstrate the true circumstances of the accident, namely that the Defendant was driving too fast and failing to keep a proper look out.
We were successful in arranging for the Defendant to fund a package of care and rehabilitation, meaning that Mr W could return home to his wife and children and receive the care he needed in the community rather than continuing to be cared for in hospital and residential care homes.
Unfortunately, 21 months after the date of the accident, Mr W died as a result of his injuries. We were successful in obtaining £120,000 in compensation to be paid to his estate.
Multi million pound award for head injured client
Our client was a market stall trader who sustained a serious brain injury when the van in which he was a front middle seat passenger was in collision with a bus. Our client was not wearing a seatbelt. He was left with difficulties with cognition, memory and frontal executive function and serious psychological, emotional and behavioural problems.
He would never be able to work again and required 24 hour care for the rest of his life. The Defendants contended that direct payments were available from the Local Authority and joined the Authority in the proceedings to reduce their liability. The Court approved a 15% reduction for contributory negligence and a net settlement figure of £3.75 million, with no reverse indemnity, thus allowing our client to claim and retain direct payments with a potential value of £1.6m over his lifetime.
University student suffers moderate brain injury after being hit by a car
Our client was knocked over by a car from behind and suffered a moderate brain injury which resulted in him having to change his University course and abandon his ambition of becoming a commercial pilot. Fortunately he was able to transfer onto an Engineering course which would enable him to work in the civil aviation industry. Unfortunately our client was left with permanent impairments in his cognitive function, namely problems with memory, concentration, information processing and was at a greater risk of developing epilepsy in the future. He lost his sense of taste and smell and suffered personality change as a result of the brain injury. We arranged for our client to receive private treatment, specifically neuropsychological rehabilitation to help improve his memory and concentration in relation to his injuries. We also arranged for his family to undergo training to help them cope with his changed personality better. We obtained regular interim payments of compensation for him while the case progressed and his case settled at a joint settlement meeting with the defendants in the sum of £500,000.
Pedestrian struck by hit and run driver
Mrs G a part time nurse was the victim of a hit-and-run accident as she crossed the road outside her house. The driver of the car was never identified so we brought a claim with the Motor Insurer’s Bureau. Mrs G had a permanent disability of leg shortening and limp, total loss of sense of smell and risk of early arthritis. Her previous solicitors advised acceptance of £50,000 in settlement; we negotiated a final settlement of £444,300.
Australian national injured in road traffic collision whilst visiting London
We acted for Miss C, an 18 year old Australian national who resided in Canada. She was a passenger in her friend’s car when it was involved in a collision with a lorry.
Miss C sustained serious injuries including fractures to her back, tibia, clavicle, facial bones and fingers. Once stabilised, Miss C returned to Canada where she received further treatment. She remained in Canada for one year before returning to Australia to commence her university studies.
We coordinated Miss C’s case across three continents. This involved bringing proceedings in the UK, whilst dealing with agencies and experts in both Canada and Australia. Although Miss C was an entirely innocent victim in the accident, the Defendant’s insurers refused to admit liability and it was not until we issued court proceedings that liability was admitted.
Due to the severity of Miss C’s injuries, it was clear that her case would not settle in the short term as her prognosis was not immediately clear. We did however successfully obtain an early interim payment for Miss C and further interim payments throughout the course of her case to help aid her recovery and ensure that she was able to obtain the very best private medical treatment.
We obtained compensation in the sum of £300,000.00 for Miss C.
Severe leg injuries for young mother
Our client was involved in a serious road traffic accident when she was a pedestrian, walking with her two young children who she had just collected from school. She was stuck by a car which had itself been struck by another car, emerging from a side road.
It was felt that she would have permanent problems with the left leg, including painful and degenerative arthritis, and would require at least two operations in the future including a total knee replacement. As a young mother, our client’s life was devastated and as part of the claim we arranged an assessment with an occupational therapist to identify adaptations to her home, and aids and equipment to assist her in the future.
We obtained £250,000 compensation for our client.
Whiplash caused depression and loss of employment
Ms M suffered a whiplash injury in a road accident. She had a senior job in a local authority and could no longer work at the job she loved. Her symptoms became chronic and she became depressed.
We obtained £220,000 compensation for Ms M.
Battling with Motor Insurers Bureau
Miss C was a rear seat passenger in a car driven by an uninsured driver. The car was travelling in the bus lane when it skidded in a pool of water, the driver lost control and there was a head on collision with a bus travelling in the opposite direction. The Motor Insurers Bureau (MIB) on behalf of the uninsured driver denied liability, saying that Miss C knew or should have know that the driver was uninsured and so shouldn’t have been travelling with him.
The MIB also argued that she was not wearing a seat belt and that she was therefore responsible for her own injuries. We secured evidence to show that the seat belt was not working. Following negotiations the MIB made an offer, which Miss C accepted, to pay 90% of the award, and paid out £200,000.
Psychiatric injury following road traffic accident
Our client was involved in a road traffic accident when he was in a head on collision with another car. Miraculously his physical injuries were not so bad and the orthopaedic experts agreed that he had recovered from the soft tissue injuries within a couple of months after the accident. However he did sustain a minor head injury and developed a marked psychological reaction to the accident, (diagnosed as post traumatic stress disorder and post concussional symptoms), leading to cognitive impairment such as poor memory and concentration and poor organisational skills. He left his job as the manager of the family cleaning business soon after the accident as he could not cope with the highly pressured demands of his work. We obtained £185,000 compensation for our client.
Claimant suffers head injury in road accident where husband is killed
We acted for a lady who was involved in a road accident which killed her husband of 35 years. This lady was originally represented by a local solicitor, however she was not satisfied with the service she received and transferred the case to Bolt Burdon Kemp. Our client suffered a head injury in the accident, plus multiple orthopaedic injuries and psychological injuries. Our client and her husband unfortunately suffered from serious health problems prior to the accident and were therefore unable to work. The defendant was convicted of causing death by careless driving. Our client found dealing with the litigation very stressful in view of her injuries and the trauma she experienced in the accident plus she was grieving over the loss of her husband. We were able to conclude the litigation within 9 months and obtained £180,000 compensation for our client.
Leg amputation following road traffic accident involving double decker bus
Our client was an 88 year old gentleman who was involved in a road traffic accident on 4th December 2010 when he was run over by a double decker bus. As a result of the accident he suffered an amputation to his leg and inability to urinate caused by neuropathic bladder. The Defendant admitted primary liability but only formally accepted 50% of the blame, even though the accident happened on a pedestrian crossing and the Defendant driver was subsequently charged and convicted of driving without due care and attention. We were able to settle our client’s case in the global sum of £170,000 just one year after the accident occurred.
Pedestrian hit by car on pedestrian crossing
Mr S was hit by a car as he was walking to work early one morning. He sustained a severe head injury and was unable to return to work. Liability was disputed until the day of trial when a compromise on liability was agreed and a settlement of £165,000.00 was reached at the court doors.
Businessman injured in road
Mr T ran a successful business until he had a car accident which caused the back problem that he already had to get worse. He tried to carry on his business but could not do so and had to give up work. He was the sole owner of his limited company. His loss of profit was taken into consideration in his claim and the settlement was £150,000.
Man who was involved in a rear shunt road traffic accident
We acted for a man who was involved in a rear shunt road traffic accident. The claimant suffered from whiplash injuries initially in relation to his neck and back. He later developed chronic pain syndrome. The Claimant had a claim for loss of earnings, care and assistance, travel expenses and medication costs among some other minor things. Bolt Burdon Kemp obtained compensation in the sum of £130,000 for our client.
Cyclist knocked off his bike by a taxi
Our client suffered life changing injuries when he was knocked off his bicycle whilst riding home from work by a taxi driver. Prior to the accident, he worked as a successful architect and regularly ran marathons. His injuries included a minor head injury leading to post concussion syndrome, multiple fractures to his right shoulder, soft tissue injuries to his cervical and thoracic spine and psychological symptoms including an adjustment disorder, depression and loss of confidence particularly in his work life. The Defendant was convicted of careless driving and received 5 penalty points on his licence and a fine.
Our client underwent three surgical procedures to his shoulder as well as an intensive course of physiotherapy. He also underwent CBT to help improve his psychological symptoms.
We brought a claim against the taxi company who employed the driver of the vehicle. At the time of settlement, whilst our clients injuries had greatly improved, he continued to have restriction in the movement of his shoulder and a real lack of confidence in his abilities at work which was having a detrimental impact on his promotion prospects. We were able to obtain good evidence to support the impact of the accident on our client’s ability to work at the level he had prior to the accident and were successful in obtaining a settlement for our client in the sum of £120,000, which not only compensated our client for the injuries he sustained, but also for any losses that he would suffer in the future as a result of his psychological difficulties.
Overtaking accident
Mr H was driving his soft top motor car down a country lane when another car which was attempting to overtake him hit him. Mr H’s car turned over and slid along the road for some distance. He sustained a serious degloving injury of his scalp but, miraculously, no brain damage. He was able to return to his former employment after extensive medical treatment and we recovered £110,000 in damages.
Pedestrian struck by car
Ms H was injured when she was struck by a vehicle as she was crossing the road in Islington. She sustained a fracture of the base of the skull on the left side, with a linear fracture going through the lateral margin of the right middle ear cavity. She had an extra-dural haematoma with some bleeding over the surface of the brain. She subsequently suffered with deafness and developed a facial palsy on the left side within a week of the accident. She was unable to return to her career as an IT consultant. A compromise on liability was reached holding Ms H 25% to blame for her accident and the Defendant 75% to blame. We obtained £100,000.00 in compensation for her.
Knocked over on pedestrian crossing causing multiple injuries including brain injury
Our client was crossing the road at a zebra crossing when he was hit by the defendant’s motor vehicle. The claimant suffered a head injury (fractured skull) and a moderate brain injury, multiple lacerations and bruising, displaced fracture of the left wrist in the road accident. He had surgery to insert metal work into the wrist. He suffered post concessional syndrome and vestibular dysfunction as a result of the brain injury which manifested itself as migraines and balance problems. He also suffered psychological injuries and underwent therapy for this and also treatment for the vestibular dysfunction which we arranged.
We obtained several interim payments for our client while the litigation progressed and arranged treatment for his symptoms. We issued court proceedings against the defendant and promptly received an offer in settlement in the sum of £100,000 (on top of the interim payments the claimant had already received). This was accepted by our client who was keen to settle this claim quickly.
Pedestrian knocked over from behind – driver of vehicle unknown
We obtained compensation for a young man who was knocked over by a car from behind. There were four people in the car at the time and all four denied being the driver and refused to say who was driving at the time of the accident. One of the four occupants was the owner of the vehicle which was insured. We issued court proceedings against all four occupants. Our client suffered injuries to his knee and ankle and psychological injures. He returned to work as a fork lift truck driver but found it difficult to operate the truck due to the injuries suffered in the accident. He therefore retrained as a self employed plasterer. We arranged for our client to receive private treatment in relation to his injuries and obtained regular interim payments of compensation for him while the case progressed. We obtained £100,000 compensation for our client from the insurers of the vehicle.
Rear shunt road traffic accident
We acted for a man who was injured in a road traffic accident. The Defendant collided with the rear of his vehicle. The Claimant suffered a whiplash injury to his neck and back in the road traffic accident initially which later developed into a chronic pain syndrome (fibromyalgia). He also developed depression. At the time of the road traffic accident the Claimant worked in IT as a contractor. He was able to go back to work after the road traffic accident but over time he found it difficult to do his job and he had to have time off work for medical appointments. As a result his contract was not renewed. We obtained £92,120.75 compensation for our client for his road traffic accident claim.
Back seat passenger suffers spinal injuries
We acted for a client who was seated in the back of a friend’s car which went out of control. The car rolled down an embankment landing on its roof. Our client had to be carried out of the car through the rear window and was taken to hospital by ambulance. Unfortunately she sustained a severe fracture to her spine which required internal fixation with rods and screws.
Our client had to wear a back brace for a prolonged period of time and as a result of continuing pain, she underwent further surgery to remove the metal work some 18 months later. The claimant suffered considerable pain and loss of mobility which affected all aspects of her life. The expert evidence indicated that it was likely that she would develop degenerative changes in her spine within 20-30 years, she could only work in a limited capacity and would need assistance if she has children in the future. We secured a settlement of almost £88,000.
Elderly pedestrian
Mrs M was 78 years old and on her way to bingo. She got out of her minicab and was crossing behind it when she was knocked down and suffered injury to her right arm and hip. She needed a lot of ongoing help and we recovered £75,000 for her.
Road traffic accident causing fractured neck and skull
Our client was involved in a road traffic accident shortly before she was due to go up to university. She suffered a fractured neck and fractured skull. Fortunately she made a good recovery from her injuries and gained her degree.
Our client transferred instructions to our firm from a non-specialist firm. Liability was admitted by the Defendant but our client conceded that she was not wearing her seatbelt and agreed a deduction of 20%. Shortly before trial the Defendant made an offer which was close to Counsel’s valuation of her claim. We continued to negotiate and the Defendant increased their offer to £61,500.
Rear shunt causing acceleration of pre existing back condition
We acted for a man who was hit in the rear in a road traffic accident while stationary. Liability was admitted shortly after we became involved in the personal injury claim. The claimant had a pre existing back condition and had undergone two serious back operations prior to the road traffic accident. We obtained a report from a spinal surgeon who said that the accident had accelerated his symptoms by 4-5 years. In other words even if the accident had not occurred he would be suffering from the same symptoms as he was post accident because of his pre existing condition; however as a result of the accident, he was suffering the symptoms 4-5 years earlier than he would have done had the accident not occurred. We obtained £60,000 compensation for our client.
Overcoming an unreliable police report in a road accident claim
Miss K, a young woman of 23, sustained head injuries in a road traffic accident. Her case was that she was at a pedestrian crossing and the defendant driver should have stopped. The driver said she had run out between parked cars and was not on the crossing. Because of our client’s head injury, she did not have a clear memory of the accident.
The defendant denied liability and although the police did attend the scene of the accident shortly afterwards, the police accident report contained a number of errors and could not be relied upon to prove what had happened. Witnesses were unco-operative or unreliable in our view, and although two barristers advised that the claim would fail, we persevered.
Miss K had sustained a complicated skull fracture but – fortunately – not a significant brain injury. She was slower in her mental information processing and had some problems with attention and concentration but no specific neuropsychological impairments attributable to the accident. The Defendant made an offer to settle the claim for £50,000 which, following negotiation was increased to £56,000 plus costs.
Pedestrian suffers ankle injuries and psychological injuries in road accident
We acted for a young man who was knocked over outside a nightclub. The vehicle did not stop and later went on to collide with a police car. Our client suffered an injury to his ankle and knee which required physiotherapy and psychological injuries which required psychological therapy. He was able to return to his job as an apprentice heating and ventilation engineer. It wasn’t possible to prove who was driving the vehicle at the time of the accident; however, we were able to obtain £50,000 compensation from the insurers.
Two road traffic accidents causing overlapping injuries
We acted for a young woman who was unfortunately involved in two road traffic accidents three years apart. She suffered soft tissue injuries to her neck, shoulders and lower back in the first accident and these injuries were aggravated in the second accident.
We successfully negotiated settlements with both of the defendants’ representatives and recovered a total of £30,000 compensation for our client.
