Slater Heelis has recovered £75,000 for a client who suffered spinal fractures when she was struck by a car in a carpark.
Background
Mrs Z, who was in her 60s and retired, was walking back to her car in the carpark when she saw the Defendant’s car approaching her at speed. She stopped and braced herself for impact, but the Defendant driver had seen her and slowed to a virtual stop inches from making contact with Mrs Z. Completely inexplicably, the Defendant driver then accelerated, throwing Mrs Z into the air and she landed heavily on her back some distance away.
The Injuries
Mrs Z immediately felt severe pain in her back and was taken to hospital by ambulance where scans confirmed 2 fractured vertebrae. She also suffered from temporary paralysis of one of her legs along with some additional minor physical injuries and psychological damage. She underwent a lengthy period of rehabilitation, including the use of a back brace.
We obtained expert medical evidence from a Consultant Spinal Surgeon who confirmed that the spinal fractures had mechanically healed at 6 months post-accident with ongoing discomfort and Mrs Z made a dramatic improvement after 15 months. Expert psychological evidence also diagnosed a depressive disorder with mixed anxiety for which treatment with CBT was recommended.
The Claim
We traced the owner and insurers responsible for the vehicle from its registration number and submitted Mrs Z’s claim. Due to delays with the police investigation and prosecution of the Defendant driver, the insurers were refusing to deal with the case. The insurer’s position was greatly frustrating but by around two years after the accident we had managed to persuade them to fund Mrs Z’s much-needed psychological therapy and not long after were able to agree to a settlement in the sum of £75,000, despite the prosecution still being outstanding and there being no formal acceptance of liability.
The Compensation
Serious injury claims, such as spinal fractures, will often result in large six-figure settlements. The compensation that can be recovered is split into two categories, general damages and special damages. General damages are compensation for pain, suffering, and loss of amenity as a result of the accident and are valued with reference to judicial guidelines and previously decided cases. Special damages consist of any financial losses and expenses as a result of the accident.
The largest element of compensation is often loss of earnings when a Claimant is unable to work for an extended period of time as a result of their injuries. In this case, Mrs Z was retired and so suffered no loss of income. The compensation recovered was therefore largely general damages with a relatively modest amount for care and assistance, travel, and miscellaneous expenses.
The Importance of Witnesses
Immediately after the accident, whilst Mrs Z was lying on the floor in pain, the Defendant driver came up to her and she asked him why he had accelerated. In response, he denied doing so and tried to influence witnesses by stating that Mrs Z had stepped out in front of him. The police investigation was initially poor and no further action was being taken against the Defendant driver. Mrs Z was with a relative who had taken down details for independent witnesses and was able to direct the investigating officer to them to obtain important evidence to proceed with the prosecution.
Although a successful criminal prosecution is not required for a successful civil claim for compensation, any evidence obtained by the police investigation can be very helpful. It is therefore vital to always take down details of any witnesses to an accident if you are able to do so, and if required, direct the police investigators to speak to them.
How can we help?
Alex Barley is a Partner in our Personal Injury team.
For further information on the above subject, please contact Alex or another member of the team on 0330 111 3131 or via our contact form.