Jason Claridge, Director and Personal Injury Solicitor at Ward & Rider Solicitors, recently acted for Miss X from Walsall. Miss X was unfortunate enough to have been involved in an accident whereby a driver lost control of his vehicle, striking a number of young people waiting at a bus stop after finishing Six Form College for the day.
Miss X suffered a fracture to her ankle, together with soft tissue injuries to her lower limbs. She also suffered a psychological injury diagnosed as PTSD. We initiated the claim on her behalf against the driver and there was an admission of liability made by the driver’s insurers.
However, matters proved to be complicated for Miss X. She recovered comparatively quickly from her orthopaedic injuries apart from the damage to her ankle. Ultimately, the orthopaedic evidence concluded that although the ankle should be structurally sound, she was understandably anxious about relying on the ankle, which meant that she wanted to avoid heavier tasks.
In the past, Miss X helped not only her parents with household chores, but also her grandparents with household chores. The most significant injury for Miss X was the PTSD and the depression which followed.
She did not do as well in her A level exams as she was expected to do prior to the accident. She had intended to go to University and pursue a graduate career. However, she lost her interest and motivation in this and instead spent two years working in part time, low paid jobs, such as waitressing and bar work. We obtained an interim payment and she underwent some treatment. It took her a couple of years to reignite her career and ultimately she decided that she wanted to pursue a career in care work. She decided to return to college and undertake further qualifications as well as working and seeking promotion at the same time.
We therefore claimed compensation for the following:-
- Pain, suffering and loss of amenity due to the physical and psychological injuries that she suffered.
- Her travel costs and visits to and from her GP, hospitals and counsellor.
- Treatment costs, including costs of medication and private rehabilitation.
- Help and assistance for her in respect of her immediate needs after the accident in terms of being unable to prepare food, get dressed without assistance and contribute towards the work to be done at home and her grandparent’s home.
- A reduction in her salary to represent the difference between what she would have been earning as opposed to what she did earn as a consequence of the injuries for a couple of years’ earning power.
- A pension loss claim as her contributions to her pension would have been delayed.
- Some miscellaneous losses, including damage to her clothing at the time of the accident. Once our evidence was finalised we submitted the claim to the Defendant’s insurance company who instructed a law firm to deal with the matter. Although liability was admitted, there was no acceptance of the claim that she was proceeding with. They initially tried to argue that her pre-existing psychological issues would really mean that she wouldn’t have pursued the career that she had intended to in any event. They suggested that the orthopaedic injuries were trivial. We obtained witness evidence in support of Miss X’s claim and these were disclosed in addition to the medical evidence and Schedule of Financial Losses which had been sent to them already. After this there were a number of offers and counter-offers. Their first offer was £15,000 and the last offer, which was accepted by Miss X, was the sum of £47,000. She told us that she hoped to spend some of the money on buying a new car, and some of it on a nice holiday but the bulk of it she wanted to put towards a deposit on a house.Ward & Rider act for people who have been injured as a consequence of road traffic accidents, accidents at work, tripping and slipping claims, industrial disease claims and victims of medical negligence. We act under a no win, no fee agreement known as a Conditional Fee Agreement. We are always willing to try and assist people with such claims.
The above case study is a true case study, although the details of the Claimant have been changed.