Personal injury case study
Mr Ben Taylor
On 22 September 2005 Mr Taylor, who was 58 at the time, was injured in a road traffic accident
. He suffered multiple injuries, so much so that the medical evidence consisted of six separate reports. The other party accepted liability but disputed the amount of the claim.
Mr Taylor had been sitting in the driving seat of his stationary car, with his seat belt on, when it was struck in a side-on collision. He had fairly recently had his right hip replaced, and suffered from pre-existing conditions with his neck, right shoulder and lower back, as well as with depression.
In the accident he suffered injuries that aggravated all these pre-existing conditions, including the depression. He also suffered a new injury to his right side that caused him great pain when using his right arm.
Following the accident Mr Taylor suffered four years of severe pain and discomfort. He underwent a series of operations to his neck, back and shoulder, and his right hip remains under observation.
An initial offer of £5,500 was rejected out of hand. We issued proceedings and an improved offer of £7,000 was made, but again rejected. Once again the offer was improved, to £14,000, and this time it was accepted.
Mr Taylor had been referred to ClearLaw following a bad experience with another personal injury
law firm. As a result of our acting on his behalf, he ended up with 100% of his damages.
In this case a lady had fallen whist out walking her dog injuring her ankle. She was taken to hospital and given morphine for the pain.
When she returned to the scene of the accident there was a piece of metal protruding from the floor.
We faced a real evidential burden as she could not say 100% that it was the metal that had caused her to fall and medical records from when she arrived at hospital stated that she slipped on mud.
The client did not want to go to court because she has terminal cancer and so after much negotiation and the tracing of a witness we managed to convince the Council that on a balance of probabilities it was the metal that had caused her to fall and the client received £4000 in compensation.
In this Accident at work the client was managing the demolition of a site and was injured tripping on a piece of metal left in the ground from one of the machines. She was the senior member of staff on site at the time.
The Defendant alleged that it was her negligence that had left the metal in the ground as she was overseeing the demolition. She did not seek medical attention for sometime after the accident and filled out the accident book herself.
Again we faced a real evidential burden but managed to prove that there was significant lack of supervision from the Directors and Health and Safety Officials and after tracing an important witness achieved a settlement for her of £2000.
This 65 year old client was hit by a truck he was assisting to reverse whilst working as a security guard.
After some thorough investigations into liability and careful proofing of witnesses we got an admission of liability from the insurers of the vehicle. They had tried to allege because our client was briefly knocked unconscious and could not remember the accident that he sustained injury from slipping down a grass embankment. We then faced a dispute about his future loss of earnings. Because of our client’s age and medical condition we could not prove that he would have continued to work past retirement.
After careful negotiations we achieved a settlement of £28,000. £18,000 of which was for his lost earnings.
Mr Boggs was injured in a Road Traffic Accident
in Leeds City Centre in September 2008. He was hit by a speeding uninsured driver whilst crossing the road. The negligent driver shook him off the bonnet before fleeing the scene.
He Boggs sustained a comminuted fracture to the lateral tibial plateau of his right knee. He was treated at Leeds General Infirmary where he underwent an an open reduction and internal fixation of the knee with bone grafting and fixation with a plate and screws. The extent of the injury meant that he would not be able to return to work as a paviour.
Mr Boggs instructed Clear Law to pursue a claim for personal injury
. The claim was dealt with by the Motor Insurers’ Bureau under the Uninsured Driver’s Agreement 1999.
Mr Boggs received 2 interim payments totaling £15,000.00 before settling his claim in November 2010 in the full and final sum of £85,000.00 net of CRU benefits and 15% contributory negligence.
When asked how he would rate his fee earners performance out of 5 Mr Boggs said:
If I could I’d give her 10 out of 5!
Mr Hall was injured whilst out walking his dog when he fell having stepped into a coverless drain on a housing estate. His foot was twisted out of position causing him to severely injure his left ankle.
Liability was admitted by the local housing authority who owned the land.
Mr Hall sustained a compound fracture dislocation to the left ankle and was admitted to hospital where he underwent an open reduction and internal fixation.
He was unable to return to work as a London Cabbie for 18 months following his accident.
Mr Boggs received an interim payment of £5,000.00 before settling his claim in November 2010 on a 100% liability basis in the full and final sum of £52,500.00. Mr Hall recovered the full amount of his loss of earnings.
Mr Hall praised Clear Law’s personal touch and the rapport he built up with his file handler. He said:
If ever she needs a cab in London, she knows who to call.
The Road to Recovery
The biggest nightmare of any journey is being caught up in a Road Traffic Accident
. When this nightmare became a reality for Louise in 2010 she was not sure where to turn next. She had been driving her daughter to University along a major UK motorway when another driver collided with the side of her car as they attempted to change lanes. As a result, the journey had to be aborted and her daughter forced to move away from home on the train. To make things more complicated the other driver was from another European country. Our team were able to trace the relevant insurance company via our languages team liaising directly with the foreign representatives; saving time and worry. We were also able to arrange physiotherapy for Louise immediately. We ensured that she was able to get the treatment to improve her whiplash injuries without delay, but at no additional cost