Orthopaedic and psychiatric injuries in car accident

Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £100,000 for a front seat passenger who was injured in a road traffic head on collision and sustained orthopaedic and psychiatric injuries.

The claimant was aged 67 and was a front seat passenger in car driven by his daughter. Suddenly, and without warning, a vehicle driving in the opposite direction came around a bend on the wrong side of the road having crossed the central line. There was a head on collision and all the parties were taken to hospital. We were instructed by the claimant pursuant to a conditional fee agreement (a no win, no fee) and following a criminal prosecution of the other driver, the defendant admitted liability.

We obtained a report from an orthopaedic surgeon who confirmed that the claimant had suffered a fracture of his right wrist, a fractured metacarpal in his left hand, a whiplash injury to his neck which took 9 months to settle, a fracture to his coccyx and pain in his ribs and sternum which required 6 months to settle. The reporting psychiatrist diagnosed post traumatic stress disorder and a co-morbid depressive episode.

The claimant managed to work for a further year, but found matters very difficult and thus took early retirement. He was beyond normal retirement age of 65, but had every intention of working until he was at least 70.

The matter was also complicated by the claimant’s involvement in a second ‘near miss’ road traffic freak accident, which could potentially have broken the chain of causation.

We obtained witness statements from the claimant’s employer to confirm that he had every intention of employing the claimant until he was at least 70 and that the reason for his leaving the business was the ongoing affect of the original accident rather than the second near miss incident.

Court proceedings were issued and the case settled shortly thereafter for £100,000 plus costs. The compensation recovered secured the claimant;s financial position in his retirement.