Mr A was waling along a pavement when a car mounted the pavement and smashed into him. As a result of the accident Mr A was knocked unconscious and taken to the local hospital where he stayed for a week. Mr A suffered a head injury, inner ear injury, dizziness, internal bruising a laceration to his shin and double vision.
Mr A instructed Hayward Baker Personal Injury Solicitors to pursue his claim for personal injury compensation.
Hayward Baker Solicitors wrote to the driver of the vehicle which struck Mr A and his insurers informing them that they are now acting for Mr A in his claim for damages in connection with the accident. The reason Hayward Baker were alleging that the driver was at fault for mounting the pavement and smashing into Mr A was that the car driver failed to observe the presence of Mr A and did not keep their vehicle under any or proper control and drove the vehicle in such a way that endangered others, in particular Mr A.
The insurers responded to the letter to confirm they were dealing and that liability was admitted for the accident and the matter will now be dealt with by their nominated solicitors. This meant that the insurers have agreed to pay Mr A compensation for his injuries. However, until a medical appointment has been arranged for Mr A to see a medical expert who will examine him and then formulate a report upon his injuries his solicitor will not be able to value the claim.
Once Mr A’s medical records were received from the hospital and his GP a medical appointment was arranged and the notes were forwarded to the medical expert prior to the medical appointment. Once the examination took place the expert wrote his report upon Mr A’s injuries and sent a copy to his solicitor.
The report confirmed that the injuries were as a result of the accident and the expert recommended that Mr A see various experts in relation to his range of injuries.
Mr a saw numerous experts to include an Opthamologist, orthopist, Psychiatrist, and an ear, nose, throat expert. Different treatments were recommend by each expert and were undertaken by Mr A which of course lengthened the time his case was running as his solicitors could not value and settle his claim until a full and final prognosis was given on each of his injuries.
Each expert wrote a report for each examination and a follow up expert when and if treatment was given. Each time there was a medical examination updated medical records had to be sent to the medical expert for review prior to seeing Mr A.
Once Mr A had undergone all of his treatment and all of the medical reports had been received , reviewed and authorised for release to the defendant solicitors Mr A’s solicitor could now take steps to value the claim.
To obtain a second opinion on the value of the claim Mr A’s solicitor instructed Counsel (a Barrister) to advise on Quantum.
The Counsel was sent all of the medical reports, photographs of Mr A’s injuries, relevant correspondence, a copy of Mr A’s out of pocket expenses schedule which set out his losses such as care and assistance, travelling and medical expenses. In addition all medical records and updated records were sent and any relevant extracts from the solicitor s file.
The injuries that were being valued were:
The Claimant sustained multiple injuries including:-
- Multiple significant soft tissue injuries affecting his head, face, abdomen and leg
- Scarring to his forehead and nose requiring plastic surgery
- Post Traumatic Stress Disorder and specific phobia
- Mild to Moderate high frequency hearing loss due to inner ear damage
- Exacerbation of pre-existing Tinnitus and balance impairment
- Blurred vision
Once Counsels advice was received by Hayward Baker Mr A’s solicitor wrote to him and advised that his claim for compensation was in the region of £25,000.00 to £35,000.00 and for out of pocket expenses £12,000.00.
Once his solicitor had received Mr A’s approval to settle his claim an offer was put forward to the defendant solicitors to settle the whole claim for £50,000.00.
This offer was rejected on the basis that the solicitors do not believe that all of the injuries were as a result of the accident. As Court proceedings had already been issued due to limitation, everything now pointed towards the case going to Trial.
As things progressed an offer was made by the defendant solicitors to settle the claim for £32,500.00 but this was rejected by Mr A having received advice from his solicitor.
Mr A’s solicitor continued to prepare for a Trial.
Mr A was getting impatient as things were taking such a long time and the Trial date still had not been confirmed so he accepted the offer to settle for £35,000.00. and all Court proceedings were cancelled.
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