Case Study – Personal Injury

Mr Ben Taylor

On 22nd September 2005, Mr Taylor, was injured in a road traffic accident (RTA). Liability for the accident was accepted, but quantum (the value) was disputed.

Mr Taylor’s injuries were multiple and the medical evidence consisted of no less than six reports. At the time of the accident Mr Taylor was 58, and was the seat-belted driver of a stationary vehicle that was struck in a side-on collision. He suffered from a pre-existing degenerative condition in his neck, right shoulder and lower back, a pre-existing depressive condition and had relatively recently undergone hip replacement surgery to his right side.

In the accident he suffered soft tissue injuries to the neck, back, right elbow and right hip that exacerbated pre-existing symptoms and suffered a new injury to his right (dominant) side, which caused considerable pain and loss of movement and function when using his arm. As a consequence of those injuries his psychological condition deteriorated.

Following the accident Mr Taylor suffered from up to four years of severe pain, discomfort and loss of amenity. He underwent a number of serious surgical interventions to his neck, back and shoulder, and his right hip remains under observation. In addition he suffered a depressive episode of some length becoming house bound, unless assisted.

An initial offer of £5,500 was rejected out of hand. Proceedings were issued by ClearLaw and an improved offer of £7,000 was made, but again, rejected. The offer was increased to £14,000 which was accepted.  

Mr Taylor was referred to ClearLaw on the back of a poor experience with another personal injury law firm. He ended up with 100% of his damages.