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Road Accident Claims Case Study 1

Mrs X lost her husband in a car accident when the car in which they were both travelling was hit by an oncoming car. Mrs X lost both legs and one of her arms as well as suffering substantial burns and facial injuries in the accident.

Although the other driver was convicted of causing death by dangerous driving his insurance company still challenged each and every part of her claim. The Defendant's insurance company even disputed her need for a specially adapted lawn mower and kitchen fittings to help her achieve a degree of independence.

The High Court said "...these claims have been presented sensibly and modestly, to be contrasted with the defence approach throughout..."

The High Court in London eventually awarded Mrs X 1.5 million pounds worth at today's rates £

Road Accident Claims Case Study 2

When Miss S was aged 16, she was a seatbelted front seat passenger in a car which left the road and crashed into a wall. Cleary, as a passenger, liability could not be in dispute. The Defendants did not even attempt to suggest that there was any element of "contributory" negligence on her part. Miss S sustained a severe head injury with "post traumatic amnesia" lasting for two weeks. She sustained a skull fracture but despite this no brain injury was initially evident. She also suffered a fracture to her right talus and a blow to her right knee which continued to cause symptoms up until the claim was settled when she was 22 years old. The head injury and its consequences were, however, the most significant aspect of this case. As a result of the head injury it soon became apparent that Miss S had suffered a subtle but significant brain injury, resulting in her suffering from ongoing fatigue, "emotional and cognitive impairments", mood swings, impaired memory as well as frequent headaches.

She was, in due course, able to obtain alternative employment as a receptionist after the accident and her claim was advanced on the basis that she was unable to fulfil her pre-accident work potential (a health care career). It became apparent very soon that we would have to demonstrate to the Defendants her need for support if she were to live independently in the future.

A settlement was eventually negotiated that provided "provisional damages" with a right to return to the Court for a period of 20 years after the accident. This was agreed on the basis that the medical experts in the case believed that no one could be certain whether epilepsy, more than 20 years after the accident, could be as a result of that accident.

We were also able to argue successfully that Miss S remained vulnerable and with "subtly impaired decision making" although clearly she was not lacking "capacity". We argued on behalf of Miss S that a Trust with at least one professional Trustee was an appropriate way of supporting her and helping her to ensure financial security. An eventual settlement was agreed of £457,000 and a large proportion of this was for her "future loss of earnings", her "disadvantage on the labour market" and the costs of supporting her in independent living for the foreseeable future.

This case highlighted the need to carefully assess the impact of even what appeared to be a relatively minor head injury. It highlighted the importance of a trial of "independent living" to demonstrate the needs of an individual in cases such as this.

Road Accident Claims Case Study 3

Mrs H was involved in a car accident at 1pm on a Friday afternoon. By 3pm the same day George Ide LLP had arranged a hire car for her use. Within 24 hours of the accident Mrs H had received a letter enclosing the Conditional Fee Agreement (no win, no fee agreement) from us, and within 48 hours of the accident Mrs H was receiving physiotherapy treatment funded privately by the responsible car driver's insurers and her car had been booked in for repair.

Within 3 weeks of the accident Mrs H had been medically examined and the report containing a six month prognosis in respect of her whiplash injury had been received. Within eight weeks of the accident Mrs H had recovered £1,500 in compensation plus the cost of repairs to her car, hire charges and physiotherapy costs. All Mrs H's legal costs were paid by the responsible driver's insurers. Nothing was deducted from Mrs H's compensation.

For free confidential advice about making a claim for Personal Injuries please call our free phone number on 0800-000 000 or complete our on line claim form.

Road Accident Claims Case Study 4

Our Client was involved in a car accident and one of her injuries was soft tissue injury to her tempero mandibular joint causing tempero mandibular joint dysfunction. This joint is the main joint of the jaw. She initially underwent treatment in England, and then the treating consultant advised that as this treatment had not resolved her symptoms was the best option for her was to now seek treatment in America, where they could undertake an operation by laser equipment, which was not available in the UK.

We went to trial on this case, because the Defendant's refused to fund treatment in America, and we were successful in obtaining an award of damages which included the funding for her to have the treatment in America. Our Client went on to have the treatment which greatly improved her symptoms.

There was a complete conflict of evidence between the Defendant's legal medical expert and ours, but we knew we had won the case when our Barrister asked the defendant's expert, out of all of the options which he would choose if it were him, and he said that he would go to America!

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For free confidential advice about making a claim for Personal Injuries please call our free phone number on 0800 132 342 or complete our online claim form.

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