Case Study: £2,400,000 Compensation for Passenger Injured in Car Accident

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Susan Vanden

Partner, Road Traffic Accident Technical Manager

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Car Accident Claim Case Study – Client Situation

Our client, J, a 20-year-old man, was travelling in the front passenger seat of a moving vehicle. It was being driven by his work colleague, when he sadly lost control of the vehicle, creating a road traffic collision. 

The car veered into the path of an oncoming vehicle on the opposite carriageway, and our client sustained a fracture to the right femur, along with a significant injury to his left leg in the accident. The collision was serious, creating devastating injuries, which meant that J had to undergo multiple operations in the years to follow. The operations included pain management surgeries and a below the knee amputation of his left leg, several years after the accident.

The amputation caused multiple cysts and infections at the stump of his leg, which meant that the prosthesis that he was fitted for could not be used for a long time. Sadly, this mental distress from the infections, and lack of mobility caused a profound psychological impact on our client, and he developed a significant mood disorder with depressive features and a phobia and anxiety of travelling in a car as a passenger.

According to a medical study in 2015, around 30% of all amputees suffer with depression, or social isolation, making mental health a great cause for concern for someone like J. He is currently in ongoing counselling and taking antidepressants to help him overcome these difficulties; but the world of mental health is a complex one, that offers many multi-directional challenges. 

Due to the injuries that J sustained in the road traffic accident, he has since been unable to return back to work as an engineer This is because  due to the fact that engineers often have to travel to and from their clients, when and J suffers with a phobia of being back in a car. This travel anxiety and phobia have negatively impacted his earning potential in the future, and if he does work again, he’s likely to have to undertake sedentary roles.

Sedentary roles are jobs that involve sitting down for the duration of a day, and any walking or standing is very minor. The roles do not require any lifting, and they are mostly desk-related roles.

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How Simpson Millar Helped

J contacted our Car Accident Solicitors for free legal advice, where the Head of Road Traffic Accidents took on his claim for compensation on a No Win, No Fee basis.

To start, we immediately sent J to be seen by a number of experts for independent medical assessments, including Consultant Orthopaedic Surgeons, Clinical Psychologist and Prosthetists. The medical specialists that examined him put together reports outlining his condition and medical outlook, as well as his potential care and treatment needs for his future.

This joined other reports from a number of specialist experts in relation to the equipment that J would require in the future, along with special accommodation and care that can be foreseen in his future.

This compensation of a traffic collision can cover the following:

  • Your injuries
  • Your pain and suffering
  • Any lost earnings or income
  • Damage to your car, motorcycle, scooter, or bicycle
  • Damage to personal property – such as a mobile phone, satnav, laptop, child car seats, motorcycle or cycling clothing, and helmets
  • Rehabilitation and any other treatment you need
  • Extra costs, such as prescription charges and taxi fares
  • Care and assistance provided by friends and relatives
  • Home modifications (or the cost of suitable property) if you're left with a disability
  • Any other aides or modifications you need to your home, car, or motorcycle

The Outcome 

The Head of Road Traffic Accidents here also calculated the financial impact of his injury on his life, which considered the fact that his condition seriously limits the range of jobs open to him on the labour market.

One of our solicitors representing J contacted the driver of the car in which our client was travelling in, and argued that they were driving too fast, causing them to lose control. The solicitor also claimed on the grounds that the driver hadn’t adequately observed or noticed the presence of the oncoming vehicle in the other lane – causing great harm to J in the process. 

As a result of this, they didn’t stop, slow down or make any manoeuvre to avoid hitting the other vehicle, thereby directly causing the car accident, and in turn, the injuries to our client.

Our client was awarded a total of £2,400,000 compensation which will help him meet his day-to-day living costs while he remains unable to work and undergoes additional surgery.

This amount of compensation also gives him the means to access the care and support he needs to live as independent of a life as possible; whilst attending specialist intensive physiotherapy and adaptations required on his home. We wish him all the best for the future, and we are glad to have helped him in times of need, especially when coping with mental health. 

Though the UK has some of the safest roads in Europe, it’s little consolation if you're involved in a road traffic accident. In 2020 alone, the official government data showed there were 91,199 reported RTAs in the UK – resulting in 115,584 casualties. Of that number, there were 1,460 reported deaths. 

If you have been injured in a car accident that wasn’t your fault, then contact us today for a free claims assessment. Our specialist Solicitors have a huge amount of experience with claims like J’s, and we will offer friendly legal advice when you need it most. Call us on 0808 239 6443, and let us help you.

FAQs

Can make a claim on behalf of someone else?

You can – as long as the person:

  • Is under the age of 18
  • Died in the accident
  • Lacks capacity to make the claim themselves

How much compensation could I get?

Much like the length of time your claim can take, there's no hard and fast rule as to the amount of compensation you could get. The total amount is decided by a range of factors, most of which are unique to you and your accident.

In all personal injury claims, the amount is divided into General Damages and Special Damages. 

General Damages relate to the type and severity of your injuries. It can be easier to predict because Judicial College Guidelines set out compensation amounts. But Special Damages are always unique to your situation – such as treatment needs and lost earnings.

Why Choose Simpson Millar?

We know how vital it is to be able to trust your Solicitor. For some, a road traffic accident claim can feel like a stressful situation. But it needn't be. Our team's number one aim is to make sure you're at ease at all stages of the process. 

  • Legal Experts
  • Giving you access to justice
  • A focus on your recovery
  • A nationwide law firm

References:

Cleveland Clinic. (Publication date not specified). "Broken Femur." Available at: https://my.clevelandclinic.org/health/diseases/22299-broken-femur.

Simpson Millar LLP. (Publication date not specified). "Amputation Claims." Available at: https://www.simpsonmillar.co.uk/personal-injury-solicitors/serious-injury-claims//amputation/.

NHS. (Publication date not specified). "Amputation." Available at: https://www.nhs.uk/conditions/amputation/.

ResearchGate. (Publication date not specified). "Depression Prevalence Among Amputees." Available at: https://www.researchgate.net/publication/313793023_DEPRESSION_PREVALENCE_AMONG_AMPUTEES.

Disability Request. (Publication date not specified). "What is a Sedentary Job?" Available at: https://disabilityrequest.com/what-is-a-sedentary-job/.

GOV.UK. (Publication date not specified). "Reported Road Accidents: Vehicles and Casualties Tables for Great Britain." Available at: https://www.gov.uk/government/statistical-data-sets/reported-road-accidents-vehicles-and-casualties-tables-for-great-britain#reported-road-accidents-ras10.

Judiciary UK. (Publication date not specified). "Judicial College." Available at: https://www.judiciary.uk/about-the-judiciary/training-support/judicial-college/.

Susan Vanden

Partner, Road Traffic Accident Technical Manager

Areas of Expertise:
Road Traffic Accidents

Susan specialises in managing road traffic accident cases, and mainly represents pedestrians, cyclists, motorcyclists in multi-track cases, as well as clients who have developed chronic pain syndrome and sustained organic injuries.

She also supports junior members of staff across the department.

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