Man receives a four figure settlement for injuries received in a Road Traffic Accident involving a Pheasant
Accident Circumstances: Our client was driving his vehicle along the A48 dual carriageway towards Gloucester and was overtaking a vehicle in the nearside lane when it suddenly swerved into a collision with our client’s vehicle. As a result of the collision our client received a personal injury. The cause of the accident was because the other driver swerved to avoid a pheasant in the road and he admitted this at the scene of the accident.
Our client’s Injuries: Two fractured vertebrae in his lumber spine.
What did Hayward Baker Solicitors do to help: The case was run by Michelle Higgins a solicitor who specialises in high value personal injury cases. Michelle wrote to the other driver (defendant) and his insurers (Third Party Insurers) blaming him for the accident.
The Third Party Insurers acknowledged the claim and admitted partial liability (Contributory Negligence) on an 80/20% basis. This was because our client was overtaking just before the two lanes on the dual carriageway merged into one and they deemed the manoeuvre dangerous.
Contributory negligence refers to situations where the injured person is partially at fault for (or has contributed to) the accident which caused their injuries. This mean’t that if we supply the defendant insurers with medical evidence that confirms that our client’s injuries were as a result of the accident they will pay 80% of the damages.
We arranged a medical appointment for our client to be examined by a medical expert who would then formulate a report upon our client’s injuries. It was this medical report that was used to prove the injuries were as a result of the material accident.
Michelle negotiated long and hard for our client to make sure not only that he was compensated for his pain and suffering but that he also got what he needed to aid his recovery by the way of medical treatment and help around the home.
We formulated a schedule of our client’s out of pocket expenses (Special Damages) which is a separate part of the claim to the damages for his personal injury and covers associated losses.
Our client’s Special Damages schedule included travelling expenses to and from the hospital, physiotherapy and spinal clinic. We also recovered the excess our client had top pay on his motor insurance policy.
As our client was a pensioner there was no loss of earning to recover. However client required help and assistance around the home with cleaning, vacuuming, making the bed and cooking and shopping.
Physiotherapy was arranged by us and the costs were claimed from the defendant insurers.
We also arranged for our client’s home to be modified due to his injuries. The modifications made were a new bed, a master key lock for carers to get into the house and a wet room.
Resolution: Our client was awarded £22,500.00
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