A Road Traffic Accident Claim Case Study - Client Situation
Ms R was walking along the pavement when a car mounted the kerb and hit her. She suffered injuries to her right shoulder and right hip. These injuries left her with lasting problems, such as pain in her arm.
The pain would get even worse when she was using the arm, such as when she was typing on a keyboard at work, and she had to use an over-the-counter analgesic medication every day to manage her symptoms.
The pain in her hip did improve following the accident and she can now walk relatively normally, although she still cannot run and finds exercise challenging.
She tried using an elliptical trainer, but this caused problems in her right shoulder, as did going swimming and weight training. Ms R also suffered psychological consequences following the accident, such as depression and anxiety over using pavements.
Due to her injuries, she had to take a week off work, but felt under pressure to return to work as she’d already had time off because of illness before and it was a fairly new role.
She eventually left her job, as a new line manager came in and was not as understanding of her need to take time off for medical appointments as her previous manager.
Ms R decided to take legal action and claim compensation for her injuries and the impact they’d had on her life, and contacted our Road Traffic Accident Solicitors for a free claims assessment. After reviewing the information, I was confident she had a strong case and agreed to take on her claim on a No Win, No Fee basis.
How We Helped
I approached the car driver’s insurance company and they admitted liability (fault) for the accident. This meant we could settle the claim without going to Court.
I arranged for Ms R to be assessed by an independent consultant orthopaedic surgeon, who compiled a report detailing the nature and extent of the injuries she sustained. This was crucial in helping me work out what type of care she would need, as well as how much it would cost.
The financial impact of her injury was also investigated, as Ms R believed her injury led to her suffering a disadvantage on the open labour market.
I also referred Ms R to our Employment Law Solicitors so she could claim against her employer for her dismissal.
I negotiated with the car driver’s insurance company and a compensation settlement of £32,500 was agreed. This meant she could access vital treatment such as physiotherapy, which would help her manage and live with her symptoms.
The claim also reflected her future loss of earnings, as although she managed to find a new job, she was earning a lower amount than he had in the past. Ms R had enjoyed a successful career before the accident happened, but due to the psychological consequences of what happened, it was necessary for her to take on a less stressful role, which could affect her long-term career development and earning power.
The claim against her employer was also successfully dealt with by our Employment Law Solicitors.
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