£28,000 Compensation for Pedestrian Hit in Road Accident Abroad

Author:
Ross Smith
Partner, Holiday Claims
Date:
31/12/2020

A Road Accident Abroad Case Study – Client Situation

Mrs T was enjoying her holiday in Playa Blanca, Lanzarote when she was hit by a motorbike while crossing the road at a marked pedestrian crossing.

She hit the ground with force and was rushed straight to hospital for immediate treatment. As well as being extremely shook up from the accident, doctors reported that she’d sustained head trauma, a brain haemorrhage, concussion and a loss of smell and taste.

Not only was Mrs T’s holiday ruined by the accident, but she continued to suffer from both physical and mental long-term effects. This included symptoms of post traumatic stress and financial loss, as the accident left her unable to work for quite some time. 

How We Helped

Mrs T got in touch with our Holiday Accident Solicitors for a free claims assessment with legal advice. After listening to her explain what happened to her, we were able to take on her case under a No Win, No Fee agreement.

Because of the severity of her injuries, we instructed five different medical specialists. This included two Orthopaedic Specialists, a Consultant Neurologist, an ENT Surgeon and a Psychiatrist.

The medical experts assessed Mrs T’s injuries and neurological wellbeing, and prepared medical reports with their prognosis. They reported that she’d sustained serious head injuries and post-traumatic vertigo.

They also highlighted the potential long-term effects that Mrs T’s injuries could lead to, such as an increased risk of developing epilepsy and dementia.

Our Holiday Accident Solicitors sought a direct claim against the motorcyclist’s insurer. But even though the defendant admitted liability (fault), because the accident was bound by Spanish law, we faced some difficulties related to the cause of the accident.

To help us, we instructed an expert in Spanish law to draft a report, giving their estimation of how much compensation Mrs T should claim according to Spanish law.

Drawing on our extensive experience of dealing with holiday accidents in Spain, and with the help of our expert in Spanish law, we put forward a claim to the defendant that we felt fairly compensated Mrs T for her pain and suffering.

The Outcome

Thanks to the strength of the medical evidence from our medical experts, Mrs T was awarded £28,000 compensation. This reflected the severity of her injuries and the amount of loss she’d suffered as a result of the accident. It also factored in any long-term help and treatment she may need in the future to fully recover.   

 

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