A Road Accident Claim Case Study – Client Situation
An HGV driver was involved in a serious road accident while driving his lorry in which a person in the other vehicle was killed.
The other driver emerged from a side road into the path of our client’s lorry, which was correctly proceeding at the time. After the accident our client was left with serious psychological injuries, including Post Traumatic Stress Disorder (PTSD), and as a result of the accident, he was no longer able to drive HGV lorries.
He was dismissed from work 2 years after the accident and struggled to find alternative employment due to his skill set and employment history, while the symptoms related to the accident also affected his ability to get alternative work.
For example, he became depressed, tearful and suffered mood swings, and would often experience a lack of motivation.
He also suffered from anxiety and became fearful of travelling, while his confidence dropped, he had difficulty sleeping and had regular nightmares. Unsurprisingly, these psychological consequences had a serious impact on his marriage.
Any work he did find paid a considerably lower wage than the amount he’d been earning at the time of the accident. As a result, he decided to take legal action and make a road accident claim for compensation.
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He contacted our Road Accident Solicitors almost 3 years after the accident had taken place - which meant it was fast approaching the time limit in which a person could claim compensation for a personal injury.
Sinead Ducrotoy, one of our Personal Injury Solicitors who specialises in road accident claims, agreed to take on his case and arranged for him to undergo an independent medical assessment, so we could identify any care needs he may have.
Our client’s medical report included a recommendation for Cognitive Behavioural Therapy (CBT), and the cost of this was included in our valuation of his claim.
His wife also confirmed to us that he was struggling with his psychological symptoms and that he wasn’t the same person he had been before the accident. For example, she was later involved in a completely separate accident, and even though it was just a minor collision, our client became very scared that she was going to die.
We also assessed the wider financial impact of his accident, so we could calculate a fair amount of compensation that reflected his reduced earning capacity.
The Outcome
We secured £20,500 in compensation for our client just 2 weeks before the claims limitation period. Our client was able to use this money to fund the recommended CBT and to support his reduced earning capacity.
The other driver was found 100% responsible for the accident, as our client’s vehicle had been proceeding safely and he had been unable to avoid the collision.
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