A Car Accident Claim Case Study – Client Situation
Our client was sitting in the front seat of a car without wearing a seatbelt, when the driver mounted the grassed area on the central reservation on an A-road and lost control of the car. The car shot across the road and hit a tree on the nearside verge.
As a result of the car crash impact, and the failure to wear a seatbelt, our client was ejected from the car and she suffered substantial injuries. This included a comminuted fracture of the left femur, which required surgery involving the insertion of a rod and screws, and a fracture of the left tibia (shinbone) which required surgery involving the insertion of a nail and screws.
Following her return home, she was unable to work for a period of time, and had to be looked after by members of her family. She continues to experience ongoing physical and psychological symptoms today and requires further treatment, including Cognitive Behavioural Therapy (CBT).
How We Helped
Our client believed the car accident was the result of the driver’s negligence and decided to claim compensation. She contacted our Road Traffic Accident Solicitors for free legal advice, and after assessing her situation, Solicitor Simon Stanfield, our Head of Road Traffic Accidents, agreed to take on her claim on a No Win, No Fee basis.
We arranged medical assessments from specialists including Consultant Orthopaedic Surgeons, a Dental Surgeon, a Clinical Psychologist and a Consultant Plastic Surgeon. They prepared reports detailing the nature and extent of the injuries she sustained, which included:
- A broken leg
- Scarring following surgery
- Multiple cuts, bruises and abrasions
- The loss of several teeth
- Psychological symptoms
We approached the driver’s insurer, arguing that the accident occurred because the driver:
- Was going too fast
- Failed to apply the brakes in time
- Lost control of the vehicle
- Failed to maintain a correct position on the road
- Not keeping a proper lookout
- Collided with a tree
This, we stated, led to the driver losing control of her car and exposing our client to a foreseeable risk of injury.
We also calculated our client’s financial losses, which included:
- Loss of earnings
- Care and assistance
- Medication expenses
- The cost of dental treatment
- Travel fees
Our client told us that her injuries had put her at a disadvantage on the open labour market, while the care and assistance provided by her family was considered over and above what would’ve been given in the ordinary course of family life.
Possible future losses also had to be considered in our valuation of her car accident claim, which included further medical and dental treatment, additional care and assistance and a course of CBT.
We secured a compensation settlement of £75,000 for our client.
This settlement was reached after our client agreed they would accept some but not all of the responsibility for the injuries she sustained. Indeed, she hadn’t been wearing a seatbelt at the time the accident occurred, so she may have been less severely injured had she been wearing a seatbelt.
Following this admission of partial liability (fault), Simon Stanfield secured a liability split of 85/15 in our client’s favour which had been reduced by 15% due to the failure to wear a seatbelt.
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