Case study: £19,000 settlement for physical and psychological injury
Our client (the Claimant) was involved in a road traffic accident when he was stationary in his car waiting to enter the roundabout. He was hit in the rear of his vehicle by the Defendant, who was on a motorcycle.
When our client got out of the car, he discovered that the motorcyclist was trapped between his car and the motorcycle, which was very shocking to witness. It is understood that the motorcyclist passed away in the ambulance.
Our client sustained pain in his leg, ankle, back and neck, and also suffered a psychological injury.
The claim was submitted to the Defendant and liability was admitted.
A medical report was obtained for our client’s orthopaedic injuries and the majority of his injuries resolved within six months of the accident date, however, an MRI was recommended on his neck due to a suspected trapped nerve. Furthermore, a referral for a psychological assessment was recommended given what he experienced that day.
Two settlement offers were received by the Defendant: one in the sum of £10,000 which would be withdrawn after 21 days, and a Part 36 offer of £9,000. Our Personal Injury team discussed with our client the difference between the offers and the effect these would have on the claim, and he decided not to accept either offer at that stage and proceed to finalising medical evidence.
The Defendant arranged the MRI scan for our client, which we sent onto the Consultant Orthopaedic Surgeon to arrange a re-examination and a Psychiatrist was instructed. The reports confirmed that our client should undergo a further MRI, specifically of his lumbosacral spine, and the Psychologist confirmed he was experiencing Post-Traumatic Stress Disorder (PTSD). We then requested the Defendant arrange the psychological treatment as recommended by the Psychologist.
The Defendant made an offer of £19,000 to settle the claim. We provided our advice to our client and he accepted this in full, alongside the final settlement of the claim.