Case study: psychological injury claim after fatal road accident
Our personal injury solicitors helped a man to claim compensation after suffering from physical and psychological injuries after being involved in a fatal road traffic accident.
Our client was stationary in his car and waiting to enter a roundabout when 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.
Submitting the claim for physical and psychological injury
Our personal injury solicitors submitted a claim to the Defendant and liability was admitted.
We obtained a medical report for our client’s orthopaedic injuries and the majority of his injuries resolved within six months of the accident date. However, the report recommended an MRI on our client’s neck due to a suspected trapped nerve. Furthermore, it recommended a referral for a psychological assessment given what he experienced that day.
The Defendant offered two settlement offers: one in the sum of £10,000 which would be withdrawn after 21 days, and a Part 36 offer of £9,000. Our team discussed the difference between the offers with our client and the effect these would have on the claim. 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. We also instructed a Psychiatrist as a result of the psychological injury. The reports confirmed that our client should undergo a further MRI, specifically of his lumbosacral spine. The Psychologist also 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.