Nelsons were instructed to handle a personal injury claim by Mr B to help him recover compensation following a road traffic accident that he had been involved in. Mr B, who was 26 years old at the time of the accident, had been riding his moped to work early one morning when a vehicle coming from the opposite direction, swerved and collided with his moped, knocking him off.
As a result of the accident, Mr B sustained multiple injuries, which included:
• A comminuted open fracture of his right tibia and fibula.
• Soft tissue injuries to his left wrist.
• Soft tissue injuries to his left foot.
• Symptoms of post traumatic stress, anxiety and phobia.
A claim was initiated against the other driver, and the insurers dealing with the claim admitted liability at an early stage. However, the extent of Mr B’s injuries was so severe that it was impossible to quantify the claim for some time.
The Road Traffic Accident Caused Severe Injuries
Immediately after the accident, Mr B was taken by ambulance to hospital, where he subsequently underwent three surgical procedures as a result of the fractures he had sustained. The surgical procedures took place over a period of several days, involving the fracture being fixed with a tibia nail and locking bolts, and then subsequent skin grafts. He was detained in hospital for nearly two weeks. Unfortunately, that did not see the end to the surgery and the following year, the metalwork itself had to be removed.
As a result of his injures, Mr B had to undergo an intensive course of physiotherapy and was left with scarring to his leg and right calf. This resulted in investigations to determine the possibility and need for revision cosmetic surgery.
At the time of the accident, Mr B was in full time employment. Due to his absence from work for several months following the accident and difficulties he then found when he returned to work being able to undertake the tasks that he had done previously, he lost his job. Despite ongoing pain and discomfort and through regular treatment, Mr B was able to secure alternative work, albeit at a lower level of pay than he was receiving prior to the accident.
Compensation was Awarded After Insurers Admitted Liability
Due to the ongoing review of Mr B’s medical position, it was necessary periodically to obtain interim payments of compensation from the insurers to assist him. Once final decisions were able to be made in terms of the revision surgery and also the prognosis in terms of his physical injuries, Nelsons were able to negotiate a final settlement of £46,000 in compensation for personal injury.
The settlement figure was not broken down into the different areas but encompassed the following:
• Compensation for pain, suffering and loss of amenity
• Compensation for loss of earnings, past loss of wages
• Sick pay repaid to his employers
• Future loss of wages to cover the anticipated absence from work following future planned revision cosmetic surgery
• Additional utility costs incurred during the period he was housebound
• Travel expenses and parking fees
• Charges for prescriptions and painkillers
• Payments to reflect the gratuitous care and assistance provided by members of the family when Mr B was immobile
• Cost of plastic surgery
• Cost of cognitive behavioural therapy
Read more about the road traffic accident cases that Nelsons have handled by visiting our Personal Injury case studies page.
For advice on pursuing a claim for compensation please contact a member of our Personal Injury team.