A mother was severely injured while walking on the pavement one summer’s evening when a car mounted the pavement at speed, mowing down a number of pedestrians. The driver an elderly man, was unlicensed and uninsured and claimed to have suffered a blackout. Our client suffered a blow to her head and woke up in hospital to discover she had severely fractured her leg and suffered extensive bruising. She required operations to insert metal pins in her leg. Tragically one of the other pedestrians hit that day was rendered paraplegic.
When IBB were instructed we were aware that the driver was defending claims brought against him by other pedestrians injured that day, raising the defence of automatism. That is he denied he was responsible based on the fact that he had suffered a brief loss of consciousness due to an underlying heart condition. We corresponded with the driver’s insurers who eventually agreed to deal with our client’s claim off the record. That is they would pay our client damages without admitting the driver was at fault.
Our focus then turned to obtaining evidence to support the value of our client’s claim. We obtained an expert report from an orthopaedic surgeon to evidence the significant injuries our client had suffered and the impact on her daily life. We also got a psychiatrist to prepare a report. Unsurprisingly after what she had experienced, our client had suffered psychological injuries and our expert psychiatrist confirmed she was suffering from PTSD.
Our client’s injuries necessitated significant additional care from her family. It is possible to claim for additional care and assistance you receive from family and friends as a result of an accident that was not your fault. This is the case even where you do not pay them for their help. Many of our clients find that as a result of their injuries they need help with things like bathing, dressing, cooking, cleaning and shopping.
The care aspect of our client’s claim presented challenges as she had a pre-accident disability. The opponent argued that our client’s pre-existing back complaint and epilepsy were the principle reason she needed care. Our specialist personal injury lawyers were however able to present a strong case on our client’s behalf, that she required additional care and assistance as a result of her accident.
We successfully negotiated a settlement with the other side which accurately reflected the injuries our client had suffered from both psychologically and physically. We also obtained compensation for our client’s treatment and care needs which our client was extremely happy with.
How to obtain compensation if you have been hit by a vehicle
If you have been injured by a driver - you could be entitled to compensation. To talk about how we might be able to help, please phone us on 0333 123 9099, email us at firstname.lastname@example.org or fill in our contact form. Any discussions you have with us will be in the strictest of confidence.