Case Study: Serious Injury Claim Following Devastating Collision

The Claim

On 15 July 2015 our client, the Claimant, was a passenger in a car being driven by her daughter-in-law when another vehicle crossed the carriageway colliding with their vehicle. Our client’s daughter in law was fatally injured in the collision.

Our client suffered multiple injuries including a broken neck and numerous fractures to her back, pelvis, and both legs. She also suffered a bleed on the brain. Our client subsequently underwent an amputation of her right leg as a result of the injuries she sustained in the accident.

Primary liability was admitted on behalf of the driver of the vehicle, the Defendant, however allegations of contributory negligence were raised with the Defendant alleging that the Claimant had not been wearing a seatbelt at the time of the collision.

There were also disputes over medical causation, being the extent of the injuries sustained by the Claimant as a result of the accident and a dispute as to how much compensation should be awarded to her.

The Arguments

As a result of the injuries sustained by the Defendant in the collision, it was held that the Defendant did not have capacity to stand trial, and it would not be appropriate to issue and serve proceedings against him. Proceedings were instead issued with the road traffic insurer as the Defendant.

The Defendant admitted the accident had been caused by the negligence of the Defendant, but no admissions were made in respect of the Claimant’s loss, damage, injury or causation.

Multiple medical experts and other experts were instructed to prepare reports detailing the extent of the injuries sustained by the Claimant in the accident and the impact of those injuries. The Claimant brought a claim for accommodation as a result of her amputation. She required single storey accommodation.

There were 14 experts instructed including an occupational therapist, accommodation expert, orthopaedic surgeons, life expectancy expert and a vehicle examiners’ report.

The Outcome

Liability having been agreed at 80/20% in the Claimant’s favour, a settlement was reached at a Joint Settlement Meeting in the sum of £850,000.00, in full and final settlement of the Claimant’s claim. The settlement included an accommodation claim.

Throughout the claim Battens obtained interim payments to enable the Claimant to access treatment and aids and to purchase single storey accommodation.