Our client, John*, sustained debilitating back injuries in a road traffic accident. Despite needing to go to trial, we secured him over £500,000 in personal injury compensation.
The accident
John*, was driving his vehicle when the accident happened. Another car was approaching on the other side of the road. When the other driver lost control of their vehicle, they ended up driving on the wrong side of the road. This resulted in a head-on collision with John’s car.
The accident caused John soft tissue injuries to his back, including as fractured sternum. John already suffers from mild, asymptomatic degenerative changes in his spine. The injuries he sustained in the accident accelerated these changes by eight to 10 years.
Before the accident, John owned a successful export business and was a self-employed managing director. He would attend fares and meet with clients both in the UK and abroad. After the accident, his injuries made travelling difficult, as travel made his symptoms worse. He’s still unable to travel long distances and has suffered a significant loss of business as a result.
The proceedings
John came to us seeking compensation. Initially, his injuries were expected to heal swiftly, and his claim seemed very straightforward. Because of this, it was originally handled by the motor team under the Fast Track system.
However, when John didn’t recover from his injuries as expected, he was unable to work. This resulted in a loss of earnings. When it became clear John’s needs would be greater than expected, he was referred to our Serious Injury team.
The other driver (opponent) initially admitted liability under the Ministry of Justice (MOJ) portal. But this admission was later withdrawn when our Serious Injury team issued court proceedings. The other driver alleged that one of his tyres had blown out, causing him to lose control of his vehicle.
We were able to show that there was no evidence of this, so the driver changed their defence to admit responsibility for the accident.
Before the trial, the opponent then changed their counter schedule, alleging fundamental dishonesty. They claimed that John hadn’t disclosed to them that he’d been dismissed by a former employer on the grounds of gross misconduct. They withdrew all offers of compensation. John has denied this and is taking his former employer to a tribunal for unfair dismissal.
To try and settle the claim, John made an offer to settle for a tenth of its value. However, the opponent rejected this offer, leaving us no choice but to take him to court.
A six-figure settlement
The trial lasted for five days. We presented expert evidence to the judge, who ruled in favour of John, finding that he’d not been “fundamentally dishonest”.
As a result, we secured John more than £500,000 in compensation, together with indemnity costs from the date of the other driver’s counter schedule.
Our asset management team has advised John on how he can invest his compensation. This gives his money the best chance of growing in the future, helping to ensure John’s compensation will last for the rest of his life.
John was represented by Liz Whitehead, Senior Associate Team Leader, who was assisted by Emily Gilbourne, a Paralegal.
Speaking of John’s claim, Liz said “This has been a complicated claim, and I’m delighted we’ve been able to secure such a large sum in compensation for John. John’s injuries have had a serious impact on his life, and the responsible party’s attempt to divert the blame has made this process unnecessarily difficult for him.
“John may not be able to travel in the way he used to. Nonetheless, I’m glad his settlement is sizeable enough to ensure he’s comfortable for the rest of his life.”
*The client’s name has been changed to protect his anonymity.
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