A Road Traffic Accident Claim Case Study - Client Situation
We represented a man who became homeless after he was hit by a speeding car while crossing the road. The car had been fleeing a pursuing police car when the accident occurred, and the car failed to stop after knocking him down.
Our client sustained a brain injury in the accident, and was taken by air ambulance to hospital, where he died but was brought back to life several times. He also suffered fractures in his thigh, ankle, vertebrae, collar bone, shoulder and ribs. It wasn’t until several days later that he woke up and was able to be discharged.
Prior to the accident, the injured pedestrian had been a heroin user, but was living in supported accommodation and attempting to get his life back on track. But after sustaining his injuries in the accident, he became homeless and had to beg for money to get by.
How We Helped
He contacted our Road Traffic Accident Solicitors for a free consultation with legal advice. Rose Gibson, a Partner and Serious Injury Solicitor agreed to help him claim compensation on a No Win, No Fee basis.
Rose and her team arranged an independent medical assessment of our client’s condition, as it was clear that medical evidence would be crucial in calculating an appropriate amount of compensation.
Indeed, he already had a pre-existing history of problems with his right hip as a result of injecting heroin. Since the accident happened, he suffered problems with his right leg and was unable to bear weight on that limb due to his hip problems.
He also had pain, swelling and stiffness in his right ankle, and developed ulcers on his legs. Furthermore, he had been considered for a hip replacement operation prior to the accident, but the doctor was reluctant to carry out the procedure because there was a risk of infection.
Due to the pain in both legs, he struggled to walk far, even with crutches, and had problems going up and down stairs. His brain injury also had lasting consequences, as he had issues with his short-term memory and would become increasingly angry and frustrated.
Rose tracked down the driver of the car and approached their insurer with details of the pedestrian accident claim. In presenting the case Rose argued that the driver had failed to exercise proper driving care and skill, as they hadn’t kept a suitable lookout for hazards, noticed our client or taken steps to avoid hitting the pedestrian.
Rose also pointed out that the driver of the car had been driving at excessive speed and even failed to stop in response to the police who were chasing him.
The case was complicated by the fact our client became homeless after being forced to leave supported housing. We used our investigative expertise to search for him on the streets of London, and eventually managed to track him down.
Following negotiations with the insurer, our client was awarded £100,000 in compensation. This was deemed to be a suitable amount of compensation for his pain and suffering following the accident, and an amount that considered the fact he had pre-existing medical conditions.
The settlement also reflected the fact that it was a split liability case – with both parties accepting a share of responsibility for the accident, while our client recovered less than he ordinarily would have done in a pedestrian accident case because he already had a massively reduced life expectancy.
As well as helping him claim compensation, we also helped our client to set up a bank account to receive his compensation, and to get his money into a Personal Injury Trust, so that any State Benefits he receives will not be impacted.
Our client is now living in supported housing again, but hopes the compensation will help him find a permanent home and access the medical treatment he needs such as a hip replacement.
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