The claimant’s details have been changed but this is indeed a true case
Phil Mulryne acted on behalf of Miss B, the Claimant to pursue a claim for personal injuries following a road traffic accident.
The Claimant was crossing the road when she was hit by a car which had turned right into a side road.
The claim was submitted to the motor cars insurers who denied liability on the basis that the Claimant had stepped out without looking into the path of the vehicle.
Due to the issues of establishing liability in full, an agreement was reached to conclude the Claimant’s claim on a 50/50 liability basis.
The Claimant sustained a severe fracture to her right ankle. This required surgery with pins inserted which subsequently were removed due to Claimant’s ongoing discomfort. The Claimant had made a fairly good recovery following the surgery and didn’t complain of any significant ongoing symptoms, although the medical expert suggested on balance that the Claimant would require fusion of the ankle joint within 10 years.
The Claimant included the cost of future surgery in the claim which was estimated in the sum of £7,000.00.
The Claimant had also incurred taxi fares post-accident at a sum of just over £1,400.00. The Claimant had also required some assistance from her mother who stayed with her for one week following the accident, helping with personal care and housework. She also had some help from her husband during this period and claimed a sum of just over £1,100.00 care and assistance, applying a non-commercial hourly rate.
The Claimant had to cancel a holiday following the accident and claimed the travel and accommodation costs.
An offer was put forward in the sum of £18,000.00 by the Defendants. This was based on a total valuation of £36,000.00. This offer was rejected and subsequent proposals were put forward in the sum of £22,500.00 (gross figure £45,000.00) which was accepted.
The personal injury damages claim was valued somewhere in the region of £30,000.00 with the additional costs and expenses of just over £10,500.00. In view of the fact that the subsequent offer exceeded our valuation of the claim, recommendation was made to the Claimant to accept the offer which was clearly a good settlement result.