Mr X* was unfortunate enough to be involved in a serious road traffic accident when the van in which he was driving was involved in a collision whereby it was concertinaed between two HGVs.
Mr X was recommended to Jason Claridge, Director and personal injury and clinical negligence lawyer at Ward & Rider Solicitors. We notified the Defendants of the claim. We obtained a copy of the police accident report.
Liability was accepted. As a consequence of the accident, the Claimant suffered neurological injuries which took the form of a minor traumatic brain injury, psychological injuries which took the form of an adjustment disorder and anxiety, orthopaedic injuries, the most serious of which was a soft tissue injury to the lower back, and a cardiac injury which took the form of an injury to his aorta. He had some time off work, but was able to return to work after 4 months.
He had issues in respect of the heavier domestic activities at home. He relied upon his wife to undertake all activities for a 4 month period and then after this he had employed professionals to undertake DIY and gardening which he had previously done himself.
He used to help out at his son’s business, but after this accident he stopped doing the more physically demanding tasks.
We advanced a claim for his personal injuries, having obtained reports from a neurologist, neuropsychologist, orthopaedic surgeon, cardiologist and psychologist.
The financial losses included a claim for travel and treatment costs. It also included a claim for future treatment costs in light of what was recommended by the neuropsychologist and psychologist.
It included a claim for past help and assistance from family members, and future help and assistance on a professional basis.
We also advanced a claim for him being at a disadvantage on the open labour market. He worked part time in two businesses, one being for his son and the other being at an airport. Because of his ongoing back problems, he would struggle to deal with more physically demanding tasks and our argument was that if he lost his current employment he would not be able to undertake certain work such as working in engineering (he had previously worked at an engineering company), working as a delivery driver or working in retail because of the ongoing problems with his back which caused him to suffer from pain and discomfort when attending to such tasks which would linger for days afterwards.
We were unable to reach an agreement with the insurance company prior to issuing court proceedings, and therefore proceedings were issued. After offers and counter offers, it was agreed that Mr X would accept the sum of £77,000.00.
His intention was to use part of his compensation to develop a business idea. He had been offered the opportunity to run a catering company which he could now afford after receiving the compensation.
Although Mr X’s name has been changed, this is indeed a case which was run under a Conditional Fee Agreement, commonly referred to as a no-win, no-fee agreement in respect of his pain, suffering and loss of amenity and consequential financial losses.