Mrs S was travelling along the A483 in Wales when a lorry pulled out of a side junction and collided with her vehicle causing her to suffer personal injury. Mrs S suffered a fracture to her left elbow, 2 fractured ribs, fractures to her pelvis which required plates and pins, multiple fractures to both legs and her right foot. The police and ambulance attended the scene and Mrs S was airlifted to hospital.
Mrs S’s son contacted Hayward Baker Solicitors on his mothers behalf with a view to her making a personal injury claim. Due to his mothers age and that she was incapacitated Mr S her son was nominated by Mrs S as her Litigation Friend (a Litigation friend is Someone authorised by the court to conduct a case on behalf of a person under 18 or a person under a mental disability or a person who has requested to use a litigation friend.).
Hayward Baker were instructed to act on Mrs S’s behalf and her son as her Litigation friend signed all the appropriate paperwork authorising them to pursue the claim.
The first thing her solicitor at Hayward baker did after ascertaining the facts was to write to the lorry drivers insurers setting out why he is to blame for the accident. The allegations were as follows:
The accident was caused by your insured’s negligent driving:
a) The facts speak for themselves
b) Driving out of a minor road into a major road when it was not safe to do so, and when , by reason of the presence and approach of the Claimant’s car, it was dangerous so to do.
c) Failing to wait until the Claimant’s car had passed before attempting to emerge into the road.
d) Failing to keep a proper look-out.
e) Failing to stop at the white line separating the B4396 from A483.
f) Accelerating from B4396 into A483 and into the path of the Claimant’s car.
The lorry drivers insurers acknowledged the claim and stated that they would be in touch with a decision on liability once they had to investigated the claim. In the meantime Mrs S’s solicitor applied for her medical records and a copy of the police report into the accident. Hayward Baker also asked her son to provide details of out of pocket expenses such as his mothers damaged clothing, proof of excess on his mother car insurance and any other expenses he may feel are relevant to the claim.
Some weeks later Hayward Baker Solicitors received a letter from the lorry drivers insurers (defendant insurers) confirming that they have admitted liability for the accident. Mr S was informed of the liability decision and that this meant that provided that a subsequent medical report confirms that his mother was injured as a result of the accident they have agreed to pay her compensation. An interim payment of £10,000.00 was also made to pay for care and medical fees. An interim payment is part payment or a payment on account of your compensation, which is made in advance of any final settlement. The amount that you receive as an interim payment will be deducted from the total sum payable by the Defendant at the end of your case.
Mrs S was still suffering badly with her injuries but was receiving rehabilitation treatment.
A few months later Hayward Baker Solicitors received all of Mrs S’s medical records and rehabilitation reports so they arranged a medical appointment for Mrs S with a Consultant Orthopaedic Surgeon who will examine Mrs S and then formulate a report upon her injuries. it is this report that will be used in support of her claim.
The report was received and the consultant had confirmed that the injuries Mrs S was suffering were as a result of the accident. The consultant also stated that Mr S required help with mobility, household chores, dressing and undressing, getting in and out of chairs/bed and help going to the toilet. Mrs S was having epileptic fits since the accident so the consultant recommended that she obtain a report from a Consultant Neurologist. This consultant was also to provide a report on Mrs S’s low mood. Mr S was sent a copy of the report for his approval.
Multiple medical examinations took place so as a final prognosis could be made. By now Mrs S’s health was deteriorating and she required various help and treatment to be provided. Of course this treatment costs money so the defendant insurers were asked for another interim payment to cover these costs. Unfortunately the insurers refused to pay another interim payment so Hayward Baker solicitors issued court proceedings so that a judgement could be made. The court judged in Mrs S’s favour and an order was made for an interim payment to be paid.
The case continued and Mrs S finally saw the Neurologist and a final prognosis was made by the consultant in his last report.
The case finally settled for £245,000.00 to include a reduction for interim payments made. This amount was to include travel expenses, damaged clothing and other items listed in Mrs S’s schedule for out of pocket expenses and the continuation of her care.
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