Tony, now aged 26, was involved in a serious road traffic collision three and a half years ago.
Tony was travelling as a back-seat passenger in a vehicle being driven by an acquaintance when the driver lost control of the car at speed on a bend in Chesterfield. The vehicle left the road and mounted a grass verge, striking two trees before coming to rest in a nearby access lane.
The insurer representing the driver admitted early on in the claim that the driver was primarily at fault for the collision due to the reckless manner of his driving.
However, the insurer argued that Tony was partly to blame for the severity of his injuries because he had not been wearing his seatbelt. They therefore sought a reduction in his compensation of 25% to reflect his lack of care for his own safety. Despite the standard reduction for failure to wear a seatbelt being long established at 25%, we were successfully able to argue for a lesser figure, and a reduction of 15% has now been agreed with the Defendant’s insurance company.
As a result of the collision, Tony suffered a serious brain injury, together with orthopaedic injuries including a fractured neck and pelvis. Although he is now living independently, he continues to require intervention and support from a therapy and case management team.
From as early on as four months after our initial instruction, Tony’s specialist brain injury solicitor was able to secure interim payments from the Defendant insurer to fund the input he needs on a private basis, to ensure he is assisted by specialists in the field and has the best possible opportunity to reach his maximum potential, both at home and at work.
Irwin Mitchell are now allowing Tony to take time to settle into his rehabilitation so that the experts involved in the legal claim are able to make a more accurate prediction of his long term needs.
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