Mr M was awarded £275,000

A man who was badly injured in a vehicle collision was able to successfully claim compensation with the help of JMW Solicitors. We helped him to secure £275,000 to help cover the costs of his recovery.

The Case

Mr M’s car collided with a Mercedes coming in the opposite direction, which had swerved to avoid a 4x4 driver who was attempting to overtake the line of traffic Mr M’s car was in. As a result, Mr M sustained fractures to his right shoulder, elbow and wrist, his right hip and thigh, and his left knee.

These injuries proved serious enough that even a phased return to his work as a valet and delivery driver proved difficult for him. After the accident, he was only able to work for a few hours at a time before the pain became too difficult to cope with, meaning he was forced to leave work once again.

The Claim

Following these experiences, Mr M got in touch with JMW Solicitors to help him make a claim for compensation. Establishing who was responsible for causing the injury was a complex process, as the circumstances of this case meant that several parties could all have been said to have played a part in the accident.

After consulting the police incident report and speaking with the drivers of the other cars involved, the 4x4 driver was identified as a liable party, and the individual subsequently pleaded guilty to charges of dangerous driving and a failure to stop. The driver’s insurance company also accepted full responsibility for the accident, meaning the 4x4 driver became the defendant in Mr M’s case.

Additionally, JMW’s legal team collected further evidence to support Mr M’s claim, including copies of his wage slips and medical records. It was also established through witness statements that the claimant’s injuries had forced him to move in with friends, who were providing assistance with his care requirements.

The Medical Evidence

To further strengthen the case, JMW instructed a consultant orthopaedic surgeon to provide an independent report on Mr M’s injuries, with the defendant’s insurer providing funds for an assessment by a care expert to understand what Mr M’s ongoing requirements would be. An interim payment was also made to help Mr M with his finances in the short term.

The surgeon’s report confirmed that Mr M had undergone operations to pin his right thigh, and insert a plate and wires into his right shoulder. It also confirmed that he was now unable to raise his arm above shoulder height, and that his right knee was prone to buckling underneath him, causing severe mobility problems.

Because Mr M was not able to carry on in his previous professional role, it was determined that part of his compensation award needed to reflect his need to completely re-train.

Recovery and Rehabilitation

The care expert analysed Mr M’s MRI scan and arranged for physiotherapy, pain management and occupational therapy assessments, as well as coordinating a return-to-work programme.

Because the MRI scan suggested that the lack of stability in Mr M’s knee was due to muscle weakness, physiotherapy was recommended as the best course of action. Mr M soon started his rehabilitation plan, while attending vocational counselling to assist with getting a new career.

A subsequent assessment report from his physiotherapist indicated that Mr M was still experiencing severe mobility difficulties, more than two years after the accident. It also outlined the sort of treatment he would require to help him recover further.

Court Proceedings

The defendant’s insurer made an initial offer to settle the case, but this was too low, and the JMW team advised Mr M against accepting it. Court proceedings were issued to allow the case to continue, while an upper limb consultant was called in to examine Mr M.

Meanwhile, the defendant’s solicitor made a second offer to settle the case, but JMW determined that Mr M had not made enough of a recovery to ensure that a settlement would cover all of his medical needs, so this offer was also rejected, as was a subsequent increased offer.

The upper limb expert’s report showed that Mr M was having significant difficulties with his shoulder, and recommended that the claimant be seen by a lower limb expert, a pain expert and a psychiatrist for further support. It was also agreed that the combination of Mr M’s injuries and his pre-existing difficulties with literacy and numeracy were proving to be a “toxic” combination, putting him at a severe disadvantage on the open labour market.

Final Settlement

In order to bring the legal process to a close, Mr M decided to make an offer to the defendant’s solicitor to settle the case. After a lengthy negotiation at the settlement meeting, a figure of £275,000 was agreed by both parties, which Mr M was happy to accept, as it allowed him to move on after a lengthy case, even though the issues surrounding his leg injury remained unresolved at the time of the settlement.