Mr F was correctly riding his bike down a cycle track in Shrewsbury when a lorry pulled out of a loading bay and ran him over causing him to suffer personal injury.
Mr F contacted Hayward Baker personal Injury Solicitors and instructed them to act on his behalf for his claim for personal injury compensation. Once his solicitor had received all the signed paper work from Mr F they stated the claim to the lorry drivers insurance company via the low value insurers on-line portal.The insurers immediately acknowledged the claim and within 3 weeks liability was admitted in full which meant that provided that a subsequent medical report confirmed that the injuries were caused by the accident the insurers have agreed to pay compensation.
Prior to the medical appointment Mr F was asked to supply details of his injuries, any ongoing treatment and details of medication so this can be passed to the expert when the medical appointment is requested. In addition Mr F was asked to supply details of any out of pocket expenses he has (special damages) as a result of the accident and these could be travelling expenses to and from medical treatment, prescription costs, loss of earnings etc.
Mr F attended his first medical appointment with an Orthopaedic Consultant who after examining him formulated a report upon his injuries which stated that the injuries which were a broken right ankle requiring two screws and washers to the inner aspect of the right ankle,severe bruising to both legs and cuts and grazes to his left leg all of these injuries were reported as being as a result of the accident. It is this report that will be used as evidence in support of Mr F’s claim and to enable his solicitor to value the claim for compensation and associated losses.
The consultant also mentioned in his report that Mr F would have further physiotherapy treatment for his ankle and his current symptoms were swollen prominent veins in his ankle and was still unable to walk correctly and walked with a limp, suffered nightly discomfort and swelling to the ankle causing more pain.
As Mr F’s treatment was ongoing the Consultant wanted to review Mr F’s injuries one year after he is discharged from physiotherapy. 6 sessions of physiotherapy were arranged.
At a later date medical report and physiotherapy notes were sent to the lorry drivers insurers and Mr F informed his solicitor although he disclosing these documents now he wanted to wait until the prognosis period of one year post physiotherapy had expired before settling his claim.
However the lorry drivers insurers quickly made an offer of £12500.00 to settle the claim now but this was rejected by Mr F. Mr F’s solicitor informed him that as he has decided to continue with the claim and not settle now that further medical evidence would be required so that his solicitor could advise of the likely financial outcome of the claim. Mr F was further advised that if the medical evidence indicates a financial value in the region of the current offer of £12,500.00, yhe would not then be entitled to any further compensation simply on the basis that he waited for that evidence. The financial value of his claim is based on the injuries he sustained and how long they took to resolve, not the duration of the claim itself.
One more medical appointment was attended by Mr F and the report followed, the consultant stated that Mr F would require orthotics during the rest of his working life, two injections for ongoing symptoms during his working life and an Arthroscopy.
Mr F was now ready to settle his claim and all the medical reports along with a copy of his special damages schedule was sent to the lorry drivers insurers along with a covering letter from Mr F’s solicitor making an offer of £28000.00 to settle the claim.
A counter offer was received from the insurers for £18,000.00 but was rejected by Mr F.
Mr F’s solicitor pushed hard with the negotiations and put forward a further offer of just over £23,000.00.
The case finally settled for just over £22,000.00 to include an amount for care and assistance required by MR F when his symptoms were worst to include washing, ironing, shopping and housework, travelling expenses, physiotherapy and the future treatments mentioned above.
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