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Road Traffic Accident - Case Study

30 June 2015

The Claimant in this case was a very young girl who was aged 19 years at the time of her accident.

She was travelling as a passenger in the rear seat of a vehicle driven by a friend who was to become the Defendant in this case.

Whilst driving on a motorway, the vehicle crashed into the central reservation barrier and as a result it spun around, eventually stopping on the hard shoulder.

Liability for this matter was accepted fairly early on in proceedings by the Defendant insurers although getting to this stage was tricky given that the Claimant was asleep when the accident occurred and as such could not describe how the accident occurred. The value of the claim remained in dispute for some time however.

As a result of this incident, the Claimant suffered a fracture of the spinous process of C7 which was diagnosed in hospital and treated conservatively. She also fractured a T11, T12 and L1 vertebra which were unstable and required an operation where metal work was used to internally secure the fractures.

During the life of the claim, the Claimant had further surgical procedures to remove the metal work in her spine (once it had healed) as the metalwork had been causing her ongoing problems and pain.

The Claimant had also suffered psychologically as a result of the impact due to the fact that the circumstances were very frightening and she also found it difficult to manage her painful symptoms.

Due to the age of the Claimant and the psychological impact of this incident the matter had to be dealt with very delicately and concisely. Ongoing symptoms had to be reviewed and considered carefully.

Fortunately, without the need to go to trial, settlement negotiations achieved the agreement in excess of £77,000.00. Compensation was also paid to the client’s private health insurers to reimburse them for the treatment provided as a result of this accident.

“I just wanted to thank you for all of your work on my daughter’s compensation case. You achieved an excellent result and we are all pleased. You were professional, kind and understanding. I especially appreciated the way you were happy to deal with me on my daughter’s behalf as I realise you could have just dealt with her alone as she was 19 at the time of the accident. No amount of money can truly compensate for the trauma and pain my daughter suffered but this compensation will help to give her a good start. Thank you”.