Driver Awarded Over £100k after Serious Head on Collision
30 October 2019
The driver suffered a spinal injury when another road user lost control, causing a head on collision. Our Serious Injury Solicitors secured him over £100,000 in compensation.
Mr R was the driver of a car that was involved in a serious road accident, when another driver lost control of his car, causing a head on collision. Mr R had to be assisted from the vehicle by emergency services as he was unable to get out the car himself. He had suffered a brief loss of consciousness, and was in a lot of pain.
Mr R was taken to hospital, and it was discovered that he had fortunately not suffered any broken bones, but that he had seriously exacerbated a pre-existing spinal injury.
Prior to the collision, Mr R had been working in a physical job for more than 30 years. He had previously maintained an excellent work record despite suffering from occasional 'flare-ups' of back pain, and he had always been able to return to work after earlier periods off work.
However, after the accident Mr R was unable to return to work for 6 months and even then was only able to return on light duties.
He maintained this course of light duties for a period of nearly 2 years but found he remained unable to undertake the full range of duties he was involved in before the accident. In the end, he was never able to return to the very physical duties that he had previously undertaken.
In addition, he was in constant discomfort with much more frequent periods of debilitating pain. He eventually had to undergo surgery to help to cope with his back pain.
He decided very reluctantly to take medical retirement early as a result of the frustration he felt by being unable to return to his previous job, which he had loved.
How We Helped
Ms R instructed Co-op Legal Services to assist and our Serious Injury Solicitors brought a claim against the other driver.
Mr R acknowledged he had an existing back problem when the accident occurred but was adamant that the deterioration in his condition after this serious accident caused him to retire much earlier than he otherwise would have.
The insurers of the other vehicle accepted that the accident was their driver's fault. They also accepted that Mr R had been injured as a result of the accident, but they disputed that the accident had caused his need to retire early.
Co-op Legal Services secured the expert opinion of an eminent spinal surgeon. We worked in conjunction with a barrister and Mr R to ensure that the fullest possible explanation and history was provided to the surgeon. This allowed him to form an informed opinion as to the likely development of Mr R's back condition in the absence of the accident.
On the basis of that evidence and following a conference with a barrister, the spinal surgeon concluded that, on balance, the accident probably had resulted in Mr R taking early retirement, despite the previous history of his back condition.
Court proceedings were issued against the insurers and a settlement was subsequently achieved within 6 months following negotiation. Mr R was awarded compensation in excess of £100,000 for his injuries.
With the assistance of the settlement Mr R will be able to more fully enjoy his retirement and he is planning to use the settlement to move into more suitable accommodation for his back condition.
"I'd like to take this opportunity to thank you for all your help and support in what has been one of the biggest battles of my life. Thank you so very much for the way in which you have dealt with this case; from your caring telephone conversations to your attention to detail, without which I'm sure we would not have got to where we are today. The money which you have helped win, on my behalf, will help me to move into a more suitable house for the future. The work you did for me will change my life." C.R., London