Nervous Client is Supported Through Recovery and Litigation to receive 5 figure Settlement
At the time of the accident, my client, 62, and her friend (who was driving) were on their way to the airport, when the third party, travelling behind them, failed to slow sufficiently, and collided with the rear of their vehicle. The impact was severe and caused the vehicle they were travelling in to cross two lanes, strike the central reservation, and flip over onto its roof.
Liability in respect of the accident was admitted by the Defendant.
The Claimant suffered numerous serious injuries, including fractures of the 5th and 6th thoracic vertebrae, injuries to the 12th thoracic vertebrae and 5th lumbar vertebrae, a comminuted fracture through the anterior and mid aspect of the T5 vertebral body, multiple non-displaced fractures of the right ribs, loss of vertebral body height at the T6 level, moderate wedging of T11, T12 and L1, a small lesion to the liver, a small right-sided pneumothorax, right pleural effusion, and numerous soft tissue injuries. She also sustained psychological injuries causing flashbacks, anxiety, and significant difficulty with travelling.
In the opinion of the expert, the effect of these injuries caused an acceleration of the client’s osteoporosis of at least ten years, which was news understandably she found very distressing.
Fortunately, the client’s injuries were able to be treated conservatively. She needed to wear a spinal brace for three months and had to use a wheelchair. She received help from a community occupational health therapist, who arranged for her to be provided with aids at home. Her recovery was also helped by physiotherapy and hydrotherapy, as well as care, both privately and unpaid help although the Covid pandemic delayed this treatment.
She worked as a part time speech therapist classroom assistant, a job which involved the client sitting on the floor with children and being “at their level” to help them. This was a job that she loved, and she derived a great deal of satisfaction from helping children with some difficulties.
During her recovery period, my client was unable to return to work and was very much restricted in what she was able to do around the home, both of which she found distressing. As a result of her effective retirement, she sustained a loss of both earnings and pension.
We obtained medical evidence initially from an Orthopaedic Consultant. We did need later to obtain an updated report from him, and further reports from a General Surgeon (dealing with the client’s internal injuries), and a Consultant Psychiatrist (dealing with her psychological injuries).
However, the client was very reluctant to undergo any further medical appointments and, furthermore, was extremely reluctant to travel to the appointments. She lives in a remote area of he country, and any appointment would mean travelling on motorways/A roads, which the she was extremely nervous about.
Additionally, she was a very reluctant litigant (proceedings had been issued due to limitation), and the client absolutely did not want to attend Court and was nervous about continuing through the Court process.
It was therefore very much in the client’s interests to negotiate an early settlement of her claim, as it was causing her a great deal of anxiety and upset. She felt that she was unable to move on with her life.
I was able, after a period of negotiation, to secure an offer of £37,000.00 from the Defendant in settlement of her claim.
This was certainly in the right ballpark and, even had further medical evidence been obtained, this offer may not have been bettered. After careful consideration therefore, the client decided to accept the offer, to bring her claim to an end.
She was extremely grateful and appreciative that her claim had been resolved at an amount that she was satisfied with and was hugely relieved. She thanked me in respect of my “kindness and patience.”
