Mr V was driving southbound on the M20 when a lorry collided with the rear of Mr V’s vehicle. The impact caused Mr V to lose control of his car and he was forced off the road into a wooded area at the side of the motorway.
Mr V suffered multiple injuries, including soft tissue injuries to his neck and spine, fractured vertebrae, a fractured sternum and torn tendons in both shoulders.
It was Mr V’s case that his injuries had been caused by the negligent driving of the lorry driver. As he was driving in the course of his employment, his employer was vicariously liable for his actions. Following the accident, the lorry driver was convicted of driving without due care and attention.
Mr V instructed our specialist personal injury lawyers at Thomson Snell & Passmore. She requested Mr V’s medical records and sent a Letter of Claim to both the lorry driver and his employer. Despite the lorry driver’s conviction, his employer denied lability. However, after making further enquiries the employer’s insurers eventually admitted liability.
The team instructed a consultant orthopaedic surgeon and consultant psychiatrist to prepare reports on Mr V’s condition and prognosis. It was found that Mr V’s injuries to his chest and neck would not heal any further, and he would continue to suffer pain for the rest of his life. The back injuries had caused an acceleration of previously symptomless degenerative changes in his back. Further, Mr V’s left shoulder showed signs of sub acromial impingement which could require surgery in the future. Mr V had also developed post traumatic stress disorder as well as depression due to the accident. The consultant psychiatrist recommended a course of treatment for Mr V.
The team were able to obtain an interim payment from the defendants’ insurers in the sum of £5,000 to fund the recommended to treat his psychological injuries. Mr V underwent 8 sessions with a consultant psychiatrist and 28 sessions of psychotherapy.
The result of Mr V’s physical injuries meant that he suffered pain and discomfort whilst carrying out daily activities such as bathing, dressing and sleeping. The long-term nature of his injuries meant that Mr V would require assistance with domestic tasks such as gardening and household maintenance for the rest of his life. As a self-employed owner of amusement machines, the nature of the role involved a lot of lifting and moving of heavy machines, something which post accident was impossible for Mr V. He was forced to take the decision to wind down his business activities. As well as a loss of income for Mr V, this also meant a loss of pension and Thomson Snell & Passmore instructed an Independent Financial Advisor to help assess the value of this loss.
In light of the medical prognosis of our client, the past losses he had incurred and the cost of future care and treatment our team of specialist personal injury lawyers were able to successfully negotiate an out-of-court settlement for Mr V in the sum of £45,000.00