Case study: six-figure settlement for front-seat passenger in road traffic accident

Our personal injury solicitors helped a front-seat passenger who sustained physical and psychological injuries following a road traffic accident on the motorway.

Accident circumstances and injuries sustained

Our client, Mr M, was a front-seat passenger in a car travelling on a motorway. A lorry was changing lanes and collided with another vehicle, causing that vehicle to spin into Mr M’s vehicle.

Mr M initially reported injuries to his neck, back and hip joints as well as psychological issues including anxiety and depression.

Claiming compensation for personal injury

Mr M instructed our specialist road accident solicitors to help him claim compensation for his injuries.

We notified the Defendant’s (vehicle driver’s) insurers of the claim, outlining details of the accident. They accepted liability.

Medical reports obtained

Our lawyers obtained copies of Mr M’s medical records and instructed a Consultant Orthopaedic Surgeon to prepare a report on his injuries. The report confirmed soft tissue injuries and physiotherapy was recommended to aid the recovery. This was arranged by our Personal Injury team with a physiotherapy provider who deferred their fees, including them in the claim.

A further report was obtained from a psychologist to report on our client’s ongoing psychological impairment. They confirmed that Mr M’s current levels of anxiety and depression would not have been experienced if not for the pain and physical symptoms that followed the accident.

A report from a Consultant in pain medicine confirmed that Mr M had developed a chronic pain condition which was made worse by his underpinning anxiety. A pain management programme was recommended to help him develop strategies to manage his ongoing pain.

Claim for financial loss

Our personal injury solicitors collated details of Mr M’s financial losses that he incurred as a result of the motorway accident and the injuries sustained.

Mr M co-owned a property rental business. The accident had restricted his ability to carry out the many physical aspects of this work, so we obtained an interim payment from the Defendant’s insurers to assist him financially whilst the claim was ongoing.

Mr M’s injuries were more complex than originally identified and Counsel advised on the medical evidence and strategy going forward.  The financial impact on his business was ongoing and causing hardship as he was having to outsource the physical parts of his work to other contractors at an expense to his business.

Our team obtained witness statements from Mr M and his wife, detailing the impact of the accident and the injuries on himself and the business. Further witness statements were obtained from individuals who had assisted Mr M with household tasks such as gardening, decorating and DIY which he was no longer able to complete. In addition, an expert Occupational Therapy report was obtained to address the level of care, assistance and support he required due to his injuries.

A Forensic Accountant expert assisted in calculating the financial loss to Mr M’s business and the impact on his income.

Court proceedings issued

The Defendant’s solicitors obtained their own medical evidence and court proceedings were issued as further evidence was required to quantify Mr M’s ongoing injuries and financial losses.

The Defendant’s solicitors disclosed their medical reports, and it was clear that there was a difference of opinion between experts on the cause of Mr M’s ongoing pain. Our client’s experts agreed that Mr M had developed a chronic pain condition as a result of the accident, however, the Defendant’s expert did not agree that the pain was related to the accident. It was also alleged that Mr M had exaggerated his symptoms which was strongly denied.

Settlement offer negotiations

The Defendant’s insurers made three offers of settlement which were all rejected as our Personal Injury team advised Mr M he was likely to receive a significantly higher sum by continuing his claim.

Our solicitors prepared a schedule of loss presented on a best-case scenario for a seven-figure sum but received a counter schedule from the Defendant which suggested a value of only two to three thousand pounds.

There was a dispute about the calculation of the business losses in that the Defendant failed to accept that, even though Mr M’s wife was a partner in the business, our client was entitled to claim the full loss as she was not contributing to the business.

After a failed joint settlement meeting and further negotiation, the claim settled for a substantial six-figure sum.

Contact our road traffic solicitors in Bristol

If you’ve been involved in a road accident that wasn’t your fault, you might be eligible for compensation.

Contact a member of our Personal Injury team today for a free, no-obligation consultation on 0117 325 2929 or fill out our online enquiry form.