Road Accident Claim

Road Accident Claim Attracts £16,000 Compensation Payment

Mrs C brought a claim for Personal Injury after being involved in a Road Traffic Accident. She was hit in the rear whilst stationary at a roundabout. The force was enough to push the car forward onto the roundabout, causing it to stall. She was represented by our Mr Davis. Liability for the accident was swiftly accepted by the Defendant’s road traffic insurers.

As a result of the accident, Mrs C suffered soft tissue injuries to her neck and back. Additionally after the accident, Mrs C experienced constant headaches and a clicking in the right side of her jaw which caused excruciating pain. Within four months of the accident, the pain in her back had started to settle. However, her neck, jaw and constant headaches were ongoing problems. Consequentially, Mrs C had to adjust her life, leading to her changing the way she worked and being unable to take part in regular activities such as playing tennis or going to the gym. Physiotherapy and Osteopathy were required and this was arranged by Gray Hooper Holt.

The principal source of pain that Mrs C experienced was in her jaw. Medical experts from both sides were used to determine the effect that the accident had on Mrs C’s jaw. Both medical experts agreed that in the light of an MRI scan, it was likely that Mrs C had some degenerative changes in her jaw prior to the accident. They also agreed that the accident caused the degenerative change to become symptomatic. However, our expert believed that Mrs C would have suffered similar problems with her jaw at some stage in the future regardless of the accident, whereas the expert from the insurer of the other driver felt that the problems in Mrs C’s jaw were wholly attributable to the accident. This complicated the assessment in value of the claim, thus making negotiation more difficult.

Due to the disagreement in the expert evidence, a barrister was consulted for advice on whether the expert medical evidence ought to be further clarified and also the likely size of Mrs C’s claim. The other driver’s solicitors initially put forward an offer of £7,500 to settle Mrs C’s claim. This offer was rejected and so another offer of £13,000 was made by them.

However, Mr Davis was able to negotiate a settlement in excess of double the initial offer of settlement.

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