Our client was using a pedestrian crossing in Culcheth when the defendant failed to stop at the crossing and drove into our client causing her personal injury and loss.
The police and ambulance service were called and our client was treated at the local hospital in Warrington.
Our Client’s Injuries:
Crush injury to right foot. bruising to side of chest, abrasions to both knees, abrasion to left elbow, bruising to body, anxiety.
What Hayward Baker did to help:
As our client was under the age of 18 she was classed as a child so her Mother was appointed as litigation friend to act on her behalf.
Gary Lee took on the case on a No Win no fee basis and stated the claim to the defendant insurers via the low value personal injury insurers portal. The alleagtion made against the defendant were:
The reason why we are alleging fault is that the Defendant:-
a) failed to heed the presence of the Claimant
b) failed to keep a proper lookout
c) failed to stop, to slow down, or to steer, manage or control their vehicle so as to avoid contact with the Claimant
d) drove too close to the Claimant to stop in time or at all
The defendant insurers acknowledged the claim in the time allowed and admitted liability at the same time.
This mean’t that provided that the medical report confirms our client was injured as a result of the accident, they have agreed to pay her compensation, and Gary will discuss with the Litigation Friend the level of compensation after receipt of the medical report.
The insurers have advised that they are willing to provide our client with rehabilitation treatment in order to help facilitate her recovery and Gary asked the Litigation Friend whether our client would be happy to accept this offer of help.
Prior to arranging the medical examination Gary applied for records of our client’s medical records from her GP and the hospital where she was treated for her injuries.
After the medical expert who was an Orthopaedic Surgeon had examined our client he formulated a report upon her injuries and sent this to Gary to review, after which Gary sent a copy to the Litigation Friend for approval.
The expert stated in his report that our client’s injuries were consistent with the accident circumstances and the worst of these injuries should resolve 9 months as from the accident date but physiotherapy would be required to aid recovery. Our client would be left with a minor blemish on her right foot.
Once Gary had received the signed approval of the medical report from the Litigation Friend, because the award for compensation was for a child Gary instructed a barrister to value the claim and who would also attend a hearing with a judge who would decide on a reasonable settlement for our client.
Our client was awarded just over £3,500 for her injuries and out of pocket expenses.