Settlement of £225,000 achieved for woman injured in road traffic accident
Our client, a back seat passenger in a car driven by her husband, was injured when their vehicle was involved in a head-on collision caused by another motorist.
Our client’s main injury was a severely fractured femur requiring surgery and metalwork. More than 12 months after the accident she underwent further surgery to remove screws and relieve pressure on her knee joint, although following this procedure she was still not able to put her full weight on her injured leg. Two years after the crash in which she had been injured, and only after extensive on-going hydrotherapy and physiotherapy, her bone fracture had united – although she continued to suffer limited mobility, pain and discomfort.
Our client also suffered Post Traumatic Stress Disorder requiring treatment arranged by her case manager and she was not able to return to driving for two further years. By this time her husband was gravely ill with cancer and, because of her condition, she was unable to provide him with the help and support as she would have wished.
Our client’s claim included a provision for loss of earnings and, as she had taken partial ill-health retirement four years after the accident, loss of pension.
The driver at fault accepted primary liability but, as our client had not been wearing a seat-belt, initially suggested her negligence contributed to her injuries. However, her husband’s car was a sports coupe so our client’s legs fitted snugly between the seats while she was sitting in the back, and with the help of a seat-belt expert we were able to establish that wearing a seat-belt would have made no difference to most of the injuries she sustained.
Led by Claire Watson our personal injury team built up a persuasive body of medical evidence covering the orthopaedic treatment, orthotics, psychiatry, care aids and equipment our client had required, but the case was hard-fought. Eventually, six years after our client was injured in that fateful car crash, we were able to negotiate an out-of-court settlement for £225,000 on her behalf, having ensured she was supported as much as possible every step of the way throughout her complex claim.
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