Mr A was walking along a pavement towards the railway station in Gunnislake in Cornwall when a car mounted the pavement and struck him causing Mr A to fall to the ground and lose consciousness.
Mr A was taken by ambulance to the local hospital where he was initially treated for multiple significant soft tissue injuries to his head, Internal bruising on his abdomen and a number of other cuts and bruises. Subsequent medical examinations showed Mr A also suffered Post Traumatic Stress Disorder, scarring to his nose which later required plastic surgery, Mild to moderate hearing loss, exacerbation of pre-existing Tinnitus, balance impairment and blurred vision.
Mr A instructed Hayward Baker Solicitors to deal with his claim for compensation on a No Win No Fee basis and it was agreed that no payments to Hayward Baker would be taken out of any award for compensation and he was to keep 100% of any compensation awarded for his injuries.
From the start of the claim there were no issues as to who caused the accident and the Defendant insurers admitted full liability.
Mr A attended over 50 hospital appointments to include initial treatment of his injuries, audiology tests, Psychiatrist appointments for the Post traumatic Stress, Orthopaedic , Ear Nose and throat, Psychologist and Ophthalmologist appointments. In addition Mr A attended a medical appointment with a medical expert who examined and afterwards formulated a medical report which was used as evidence of his injuries to aid his solicitors in valuing the compensation and out of pocket expenses claims.
Mr A was in a wheel chair for 5 weeks post accident and had to take time off work but was fortunate to be paid by his employers and therefore had no claim to make for loss of earnings. However he did have a claim for other out of pocket expenses which were travel to and from appointments, new spectacles, replacement damaged clothing, care and assistance for the five weeks he was in a wheel chair and then a further five weeks at a reduced rate of care when he was unable to drive due to the blurred vision. For a further 16 weeks after the initial claims for care Mr A continued to require help with household chores albeit for a lesser period of time.
As this was a fairly high value claim (Multi Track) when it came to negotiating a settlement figure with the Defendant Solicitors Hayward Baker instructed a Barrister to quantify the claim.
Armed with the advice from a Barrister Hayward Baker Solicitors started the negotiation stage of the claim.
The initial sum offered by the Defendant Solicitors was low and was rejected by Mr A so Hayward Baker argued until a settlement figure of £35,000.00 was reached.
Although he wished for a higher sum of money Mr A decided that it was too risky to continue to a court trial to allow a Judge to decide what compensation was reasonable, this was because the Judge could decide to award him less than the offer made by the Defendant Solicitors.