‘Anne’ – Hit by a car whilst crossing the road

Settlement achieved: A five figure sum

Case handler(s) from Serious Injury Law: Hayley Martinez (Solicitor)

Key elements of our client’s case:

In this case, our client was a pedestrian crossing a road when she was hit by the Defendant resulting in her sustained multiple serious injuries:

  • Multiple pelvic fractures;
  • Complex spinal injury.

Upon receiving initial instructions, we conducted an inspection of the scene to familiarise ourselves with the locus. We subsequently wrote to the Police for details of the responsible party. A Letter of Claim was sent to the Defendant’s insurance company inviting them to agree an Immediate Needs Assessment in order to assess our client’s rehabilitation needs. 

The Defendant insurer was not cooperative and refused to engage with rehabilitation, nor our request for an interim payment.

Where our specialist serious injury experience really added value to our client’s situation:

It was some 6 months post accident that the Police released their full report. Upon receipt, we carefully considered the contents of the report and then wrote to potential witnesses, seeking evidence to support our client’s version of events. Statements were taken from eye-witnesses

Despite disclosure of the Police report the Defendant insurers continued to fail to engage, denying liability in full, noting that the Police had failed to prosecute the Defendant driver. 

Despite this denial we proceeded with the Claimant’s case, arranging medical appointments with an orthopaedic surgeon and a clinical psychologist. Costly MRI investigations and rehabilitative treatment was sought and funded at no cost to the Claimant.

Further reports were obtained on conclusion of treatment and investigations. The medical experts confirmed that, unfortunately, symptoms were likely to be permanent. 

Due to the Defendant’s continued stance in respect of liability, we were forced to issue formal legal proceedings. A defence was received, denying all of our client’s claim. 

Reaching settlement

Despite the Defendant’s steadfast denial of liability an offer was received, without admitting liability, for a five figure sum. On our advice the Claimant rejected the offer as it was deemed too low to fully compensate the Claimant for her injuries and financial losses.

Following the completion of a range of complex court procedures, the Defendant put forward an increased offer to settle the Claimant’s claim. The offer was almost double that of their previous offer.

After careful consideration and following detailed advice from Hayley Martinez, our client chose to accept the Defendant’s offer.

If you or someone you know would like to speak to our serious injury specialist about a pedestrian accident, please contact us today.

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