We have been acting for a client (now aged 86) who was involved in an accident at Cheltenham General Hospital during December 2018 when she sustained a number of serious injuries.
Briefly, she had been walking in the car-park at the Hospital after attending an out-patient appointment, when a car reversed towards her at some speed, knocking her over. She sustained a number of injuries as listed below:-
- Comminuted fractures of the right superior and inferior pubic rami of pelvis;
- Undisplaced fracture of the right clavicle (dominant arm) – leaving her with an ongoing impingement problem with the rotator cuff;
- Worsening of pre-existing fractures of T11, T12 & L3;
- Soft tissue injury to her right knee;
- A head injury but no loss of consciousness;
- Psychological injury (she fulfilled the criteria for a diagnosis of PTSD).
She had to be admitted to hospital where she stayed for three weeks and was then transferred to a community hospital for ongoing rehabilitation. She did not require any surgery but on her discharge she continued to receive support and help from her family.
Currently she still has some ongoing physical and psychological symptoms including a loss of confidence which impacts on her life. She has been left with a long-term problem with her right shoulder resulting in limitations of function although she has gained most of her pre-accident independence.
The insurers of the other driver admitted primary liability but argued that she was partly to blame for the accident. They initially offered to settle her case on liability at 75/25 in her favour which was rejected. Eventually, the parties agreed a liability split at 85/15 in her favour.
Fortunately, our client made a speedy recovery from her head injury. The prognosis for her other orthopaedic injuries (with the exception of her shoulder injury) is very good and any symptoms she has beyond two years of her accident are due to her underlying arthritis. With appropriate counselling, the prognosis for her PTSD is also very encouraging.
A number of offers and counter-offers were made between the parties and we were eventually able to agreement on a settlement of £37,500.00 gross before the liability discount.
S J Edney Solicitors obtained compensation of £31,875.00 net in her hand after the liability split for this client during 2020