Our client, a retired individual, was involved in a serious road traffic accident while crossing the road as a pedestrian. She was hit by a car, and fortunately, the incident was captured on CCTV, providing clear evidence of what occurred.
Establishing Responsibility
The driver’s insurer accepted primary responsibility for the accident before settlement. However, they argued that our client may have been partly at fault (known as contributory negligence), which could have reduced the compensation if the case had proceeded to court.
The Injuries and Recovery
The accident caused multiple serious injuries, including fractures to the ankle, leg, hip, and spine, as well as a head injury – which thankfully resolved quickly.
Our client faced a long and difficult recovery, requiring surgery, a significant hospital stay and ongoing rehabilitation and therapy
Valuing the Claim
An offer was made by the insurer before independent medical reports were finalised. This meant we had to carefully assess whether the offer was fair based on the available information.
We considered:
- Compensation for pain, suffering, and loss of quality of life
- Past and potential future financial losses
- Possible future care needs
- Adaptations to the home
- Private treatment and travel costs
After detailed analysis, the £150,000 offer was considered fair – provided that recovery continued as expected.
The Decision
We advised our client of the risks of settling early. In particular, if her recovery did not progress as anticipated, she would not be able to claim further compensation in the future.
With this understanding, our client chose to accept the offer. Her priority was to move forward with her life rather than face a potentially lengthy and uncertain legal process.
How We Can Help
If you or a loved one has been injured in a road traffic accident, navigating the legal process can feel overwhelming – especially when dealing with recovery at the same time.
Our experienced team is here to guide you every step of the way, ensuring you understand your options and secure the compensation you deserve.
You can call us today on 01244 312306, email us at law@oliverandco.co.uk or complete our Contact Form and we’ll get back to you as soon as possible.
