The claimant’s details have been changed but this is indeed a true case
We were instructed by Mrs A in connection with a personal injury claim. She had initially dealt with the insurers direct and had received an offer prior to any medical evidence being obtained of £1,500. The claimant in this matter had been driving home when the defendant in an SUV vehicle collided with her car as she was attempting to turn right across the path of the claimant. The impact was a severe one with the claimants vehicle being knocked off the road and into the front garden of a house adjacent to the road.
After the accident details were exchanged. My client took photographs of the accident location as did her partner who she had called after the accident.
My client had neck and back pain immediately after the accident and after getting home she attended her local Accident & Emergency Department at a local hospital. They diagnosed a whiplash injury to her and she underwent extensive physiotherapy. During the course of the accident, she also suffered a bang to her head due to the traumatic nature of the accident in that she struck her head against a side window. In addition she developed problems with her bladder.
Following the accident, her partner took over the bulk of the heavier domestic activities. She had major concerns about driving in and out of work. She had difficulties at work due to the fact part of her job involved dealing with stock which she struggled to lift. Due to the Covid-19 pandemic, she was made redundant.
Due to the injuries she has suffered, we obtained reports from the following: –
- An orthopaedic evidence
- A neurologist
- A psychologist
- A pain management expert
The orthopaedic expert confirmed the client had suffered injuries to her spine. The neurologist confirmed that she had suffered a minor traumatic brain injury taking the form of post-concussion syndrome. He also opinionated that the damage to her back or potentially the traumatic brain injury had either caused damage to the nerves in her spine or damage to her brain which affected her bladder and her bladder control which gave rise to urological issues.
The psychologist confirmed that without treatment the claimant would struggle with travel anxiety. Because of the ongoing pain that the claimant had, both the orthopaedic surgeon and the neurologist recommended the input of a pain management expert, particularly for input on treatment for her. The pain management expert confirmed that she was suffering from ongoing pain as a consequence of the injuries and although they recommended treatment, it was likely she would always have some issues.
The claimant advanced the claim on the basis of the injuries she suffered to her brain, spine and neck, to her bladder and psychologically. We claimed for travelling expenses (past and future), treatment (past and future), help and assistance with housework, shopping, DIY and gardening (past and future) and for her being at a disadvantage on the open labour market. The defendants initially tried to say she was grossly exaggerating her claim and therefore was dishonest. Despite raising this in the defence, they never pursued this with any vigour. They obtained their own medical evidence but before the expert produced joint reports setting out the areas of agreement and disagreement in relation to the injuries and the symptoms which arose from this accident, offers were exchanged between the parties. Ultimately, the claimant decided to accept the sum of £50,000 in full and final settlement of the entirety of her claim. One of her driving forces was because she had to take temporary work as a result of her redundancy and she wanted a buffer in terms of her future employability, if it was the fact she was going to try and find alternative work if this came to an end.
We acted on a no win, no fee agreement. Ward & Rider are content to assist in relation to personal injury claims arising out of road traffic accidents, accidents at work, tripping and slipping claims and medical negligence cases. Please do contact us.