Our client, aged 82 years, suffered significant injuries when he was knocked over when crossing the road outside his home.
The Defendant was making a right-hand turn into the road where our client was crossing. There was very little witness evidence. A driver approaching the scene confirmed the car was turning and hit our client causing him to ‘fly’ across the bonnet. Liability was denied on the basis that the area was poorly lit and the Defendant could not see our client. The police attended and our client, unconscious at this time, was taken to hospital and admitted to intensive care. He suffered right-sided subarachnoid haemorrhage, right-frontal lobe contusions, basal skull fractures and loss of sight in his right eye. He was not able to return home where he had lived with his wife. He now lives in a nursing home.
We were instructed by our client’s wife to bring a claim for injuries suffered by her husband in the accident. With very little witness evidence we instructed accident reconstruction expert evidence to determine how the accident had happened. We sent a letter of claim to the Defendant, the car driver. Receiving no response we notified his insurance company. They sought to void the policy and we were also notified there was disputed ownership of the car and so another insurance company had to get involved. The insurance companies commenced declaration proceedings to determine the issue of valid insurance. With primary liability in dispute and the issue of the insurance this meant that the claim would be protracted. Our client had a limited life expectancy.
Our heartfelt gratitude for a job well done arriving at a successful resolution. Your support and empathy was very much appreciated during the whole process and our thanks to you and all concerned is never ending, the epitome of excellence and only delivering your best.Mrs Shirley Brown.
We secured specialist expert opinion on our client’s condition and prognosis and needs. However whilst he was in a nursing home with a fully-funded NHS care package his condition was deteriorating, due to lack of specialist therapies and dedicated personal carers. Our client’s wife and her son were providing a significant amount of their time in assisting with his care and needs. This early assessment of needs, and discussions about future care and accommodation, put us in a good position to be able to value the claim. Shortly before the hearing, in the declaration proceedings, an offer was made on behalf of both insurance companies. We were able to advise on the risks of a protracted claim with liability in dispute, those risks being very much highlighted in a case with a limited life expectancy. A settlement was negotiated and whilst awaiting the approval hearing we were able to introduce our client’s wife to a case manager, and work commenced immediately - in particular addressing concerns within the nursing home. The settlement was £225,000, bringing quality to the final years of our client’s life and enabling him to spend quality time with his wife and son.
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