Successful Claim For Psychological Injury Following RTA

Serious road traffic accidents can change a person’s life forever. They are traumatic events, and in cases where people have received even minor injuries, the psychological impact can be severe. Victims can suffer from Post-Traumatic Stress Disorder (PTSD), anxiety, depression, or a worsening of their existing condition. This is what happened to L, who asked us to represent her in a personal injury compensation claim following motor vehicle accident.

Background to the claim

L was involved in an RTA in 2021. She suffered whiplash from the accident. In addition, the event resulted in her existing psychological condition worsening. She was vulnerable and extremely nervous about bringing the claim and was terrified about having to go to court.

One of our Personal Injury Solicitors, Maria, approached L’s case with sensitivity and compassion. She reassured her that claims were almost always settled outside of court, and she would do everything possible to keep Maria’s case from going to trial.

The Defendant made a low offer based on the whiplash tariff for her physical injuries only. He also disputed the fact that the accident caused L’s psychological injuries to worsen. Unfortunately, this meant L would have to go to Court.

Maria acted decisively and gave L comprehensible advice regarding whether she should accept the Defendant’s offer. This included explaining the risk of having to pay the Defendant’s costs if the Court awarded a lesser compensation amount than what had initially been offered.

What is the law around claiming for psychological injuries in a personal injury claim?

Many clients do not realise that they can claim for psychological injuries following being physically injured due to someone else’s negligence. It is important to know that the law gives equal weight to mental and physical injuries.

Another common myth is that you cannot claim for psychological injuries if you are not physically injured. This is untrue, provided an injury was foreseeable you can claim for mental injury alone.

One of the reasons people believe they cannot claim for psychological injuries alone is that they can be greeted with more scepticism by defendant insurance companies as they are harder to diagnose and prove. Expert evidence from psychiatrists or psychologists is normally required to prove a Claimant has suffered a psychiatric injury or their existing condition worsened as a result of the Defendant’s negligence.

Being involved in a road traffic accident can be a shocking experience and you should never feel ashamed if you are struggling to cope. Claiming compensation can ensure you can get the treatment you need to heal your mind, body, and spirits.

L suffered a primary psychological injury. This means she was involved in the accident directly. However, it is possible to make a claim as a secondary victim, where you witnessed something traumatic occur and this resulted in your suffering a psychological injury. This is much harder to claim for, as the Courts are wary of ‘opening the floodgates’ to compensation claims from anyone who happened to witness an accident or event.

To make a successful claim, the secondary victim must prove:

• They had a close tie of love and affection with the primary victim,
• They were close to the incident in time and space,
• They perceived the accident themselves.
• That there is a causal connection between the witnessing of the event and the illness suffered.. It is not necessary to demonstrate the neurological or psychological mechanism by which the illness was induced.

Outcome and impact

Maria’s calm and well-prepared approach helped L overcome her nerves. She stayed by L’s side throughout the trial, providing support and settling her nerves. Because L knew exactly what to expect, she was able to get through the experience with minimal distress.

L won at trial, significantly beating the Defendant’s initial offer. Thanks to Maria’s advice, based on years of experience in high-value personal injury claims, L was able to use some of the compensation to access private treatment and support for her condition.

L told us that claiming compensation was never about the money. Instead, she wanted to prove to herself and others that she had not fabricated her psychological symptoms. Winning compensation provided closure, and the confidence L needed to move forward with her life.

Nayyars Solicitors Achieves Justice And Settlement For Grieving Family

According to the British Association of Aesthetic Plastic Surgeons (BAAPS), 31,057 cosmetic procedures took place in 2022, up 102% from the previous year with women undergoing 93% of procedures. In most cases, clinics performing cosmetic procedures are safe and patients are delighted with the results. But sometimes things can go terribly wrong. In the case involving Mrs S, a dermatological skin peel performed at a clinic offering discounted treatments, resulted in her death. Mrs S’s devastated family came to us seeking answers and compensation to ensure the clinic was held accountable for the death of a beloved wife and mother. Despite being obstructed at almost every turn, Raja Eisa, the lead Solicitor on the case, won a significant compensation settlement for the family, without them having to attend court.

Background to the case

Mrs S approached a cosmetic surgery clinic offering discounted treatments. She wanted to have a dermatological skin peel. During the consultation, Mrs S was told the procedure was perfectly safe and ideal for her skin type. Neither Mrs S, nor her husband who came with her to the consultation, spoke or read English fluently. No translator was made available, and the consent form and pre-treatment explanations were not translated into Mrs S’s native language. Trusting the clinician’s expertise, Mrs S decided to go ahead with the treatment. Shortly afterwards, she experienced excruciating pain, severe burns on her face, and emotional distress. Despite attempts to treat the burns, her condition worsened. Mrs S later died from complications.

The law relating to medical negligence and consent to treatment

Medical negligence occurs when a healthcare professional provides treatment that falls below the accepted standard of care, resulting in the patient suffering an injury or worsening of their existing condition. To succeed in a medical negligence claim, the Claimant must prove, on the balance of probabilities, that:

1. The Defendant owed them a duty of care,
2. They breached that duty, and
3. The breach caused them to suffer a personal injury.

Part of a healthcare professional’s duty of care to their patient is to ensure the patient fully understands the procedure or treatment they will be given and the risks involved. In addition, the patient must provide informed consent to the treatment.

To establish whether the treatment provided to Mrs S fell below the accepted standard of care and that caused her to suffer serious burns, pain, and ultimately complications that led to her death, Raja instructed an expert witness.

The outcome of the case

The clinic argued that Mrs S had been fully informed of the risks when she consented to the dermatological skin peel. However, with the help of expert translators, Raja was able to show that this was not the case.

Despite the tragic outcome of the treatment, the Defendants did their best to daunt Mrs S’s grieving family by employing tactics such as refusing to grant extensions despite the delays caused by Mrs S’s death and probate issues. They also made disclosure of key documentation difficult.

Raja was not intimidated at all by the Defendant’s strategy and worked calmly and assertively to drive home the point that the clinic had breached its duty of care to Mrs S and this caused her death. He robustly negotiated compensation, rejecting the first Part 36 offer, and eventually securing a settlement that reflected the pain, shock, and suffering experienced by Mrs S’s family.

Resolution for our client

When advising and representing families in cases where medical negligence has led to a loved one’s death, we never forget that our client has suffered an extremely shocking and distressing event. In the case of Mrs S, although Raja was forceful with the Defendant in terms of getting disclosure and negotiating a fair settlement, his approach to Mrs S’s family was one of ongoing support and compassion.

In these types of cases, money is hardly ever the driving factor in making a claim; rather it is the need to get answers as to what happened and an acknowledgment from the healthcare provider that they were at fault is what matters most. We were able to achieve this for Mr’s S’s family and give them the support and closure they needed to grieve in peace.

Five Figure Settlement For Elderly Client Injured In RTA

One of the biggest challenges when representing elderly or vulnerable clients in Personal Injury claims is often the Defendant alleges that the long-term impact of the Claimant’s injuries is due to natural ageing or pre-existing conditions and not from the accident both parties were involved in. In such cases, expert evidence is needed to prove causation and the Claimant’s long-term prognosis, the latter being essential to help the Court quantify the amount of compensation to award.

Background to the claim

The Claimant (C) was involved in a road traffic accident in 2018. She suffered serious injuries, including damage to her hip and knee. Her symptoms, including pain, were still present six years after the accident occurred.

Our team reviewed C’s medical records and helped her prepare her case against the Defendant. This included a claim for loss of earnings, something C had not realised she could claim for.

How is negligence proved in personal injury cases?

To prove the Defendant caused the Claimant’s injuries because of a negligent act or omission, the Claimant must prove, on the balance of probabilities:

• The Defendant owed them a duty of care,
• They breached that duty, and
• The breach of duty resulted in the Claimant suffering a personal injury.

How is personal injury compensation calculated?

Personal injury compensation is divided into two categories – general damages and special damages.

• General damages will take into account the pain, suffering, and loss of enjoyment the Claimant has suffered due to their injuries. They can also compensate for the loss of career, future prospects, and any benefits the Claimant may have received but will now miss out on because of their prognosis.
• Special damages are designed to compensate the Claimant for any direct financial loss caused by their injury, such as loss of income, medical costs, travel to and from appointments, hospital cart parking charges, and any other care and support costs needed in the future.

The Court will refer to the Judicial College Guidelines when deciding how much compensation to award. Our Solicitors also refer to these guidelines when preparing a client’s Letter of Claim as part of the Personal Injury Pre-Action Protocol.

How are personal injury claims funded?

In most personal injury cases, we offer a No Win, No Fee agreement. This means the Claimant will not pay any money upfront for their legal fees. However, they will need to cover expenses related to bringing a claim. These are referred to as disbursements and include things such as court or expert report fees. Disbursements can be covered by an insurance product called After the Event Insurance. If you win your case, the Defendant will pay for a proportion of our legal fees, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance. If your claim is unsuccessful, your insurance will cover the Defendant’s legal fees, which you will be liable to pay.

We provide clients with full details of how No Win, No Fee works and the benefits of taking out After the Event insurance.

Outcome and impact on the client

We instructed a highly respected and experienced medical expert to prepare a report on the cause of C’s ongoing symptoms. We were able to prove, on the balance of probabilities, that despite the fact C was quite elderly at the time of the accident, the pain and mobility issues she faced were a result of the RTA, and not due to degenerative decline often associated with ageing.

We eventually settled for £31,000. C felt she had been compensated adequately for the pain and suffering she had endured and the financial losses she had experienced due to the severity of her injuries. She was able to access private rehabilitation and treatment which greatly aided her recovery and helped restore her confidence.

Bride Wins Compensation for Botched Laser Hair Removal

All brides want to look their best on their wedding day. This often means having special beauty and cosmetic treatments. Our client, Miss SS, decided to get a laser hair removal treatment, trusting that it would be safe and the clinic that provided the treatment would adhere to the highest standards of safety and care.

After undergoing the treatment, Miss SS developed severe skin damage, leading to scarring on her buttocks, underarms, and knees. This caused agonising pain and shattered Miss SS’s confidence at a time when she should have been happy and excited for the biggest day of her life.

Miss SS approached us to advise and represent her on making a clinical negligence compensation claim.

What was the clinic’s response to Miss SS’s claim?

To protect their interests, the owner of the clinic falsely claimed that a patch test had been carried out before the laser treatment, misleading their insurers and directly contradicting Miss SS’s version of events.

Our Medical Negligence specialist, Raja Eisa, led an investigation into the clinic’s care and treatment of Miss SS in order to prove that the laser treatment provided to Miss SS was negligent. Therefore, she should be paid compensation.

The law relating to medical negligence and consent to treatment

Medical negligence occurs when a healthcare professional provides treatment that falls below the accepted standard of care, resulting in the patient suffering an injury or worsening of their existing condition. To succeed in a medical negligence claim, the Claimant must prove, on the balance of probabilities, that:

1. The Defendant owed them a duty of care,
2. They breached that duty, and
3. The breach caused them to suffer a personal injury.

Part of a healthcare professional’s duty of care to their patient is to ensure the patient fully understands the procedure or treatment they will be given and the risks involved. In addition, the patient must provide informed consent to the treatment.

How we helped Miss SS

To establish whether the treatment provided to Miss SS fell below the accepted standard of care and that caused her to suffer severe burns, pain, and scarring, Raja collected witness statements, examined medical records and ultimately proved that no patch test had been performed. He worked closely with medical expert witnesses who provided reports that validated Miss SS’s claims. Raja was also able to show that the clinic failed to document its processes and procedures to the standard required and did not fully explain the risks of the procedure to Miss SS.

The Defendants admitted they were liable for Miss SS’s injuries. The case was successfully settled, and Miss SS received a fair compensation package that covered her physical injuries and the emotional distress she endured as a result of the scarring.

Empowering our client

The compensation we managed to secure for Miss SS allowed her to pay for private corrective treatment to minimise the scarring she received. This helped her begin to heal physically, emotionally and spiritually.

Having felt a loss of control before one of her life’s most momentous events, Miss SS wanted the financial means to take complete control of her recovery. Compensation allowed her to choose a highly experienced surgeon and access other types of support when she felt she needed it.

Also, by bringing a compensation claim, Miss SS was able to send a strong message to the cosmetic treatment sector about the risks of failing to follow proper safety procedures and the need to document details of a patient’s treatment carefully and explain the risks of specific procedures in full.

Elderly Client Wins Five Figure Compensation Following RTA

Being able to drive is enormously important as we get older because it allows us to maintain our independence. And, contrary to common belief, older drivers are safe drivers. Academic research has shown that older drivers are not actually dangerous and that increasing testing for over 70s will not make the roads any safer.

Our Personal Injury Law team recently assisted an elderly client who had suffered severe physical and psychological injuries following a Road Traffic Accident (RTA) caused by another road user’s negligent driving.

Background to the claim

Our client (M) was an elderly lady in her 80s. In 2021, she was out running errands, and whilst driving carefully along a road, another vehicle emerged unexpectedly from a side street and collided with her vehicle. M suffered terrible injuries, including the loss of several teeth. But worst of all was the psychological damage and loss of confidence that affected M after the accident. She had been independent, active, and sociable before the incident. Following the collision, M lost most of her independence and became reliant on professional care and support.

The challenges for our team

M’s vulnerability presented significant challenges for Lucy, who primarily managed M’s claim. M suffered from deteriorating mental health and was experiencing considerable loneliness following the accident. Her once independent and active lifestyle had ended, and she was in pain from her injuries.

Our Approach

One of the reasons M contacted us is because of our reputation for our kind and compassionate approach when working with vulnerable clients. M would call our office regularly for reassurance, and Lucy ensured that these calls were as long as necessary to address her concerns and provide comfort. Lucy also made appointments with M to keep her updated on the progress of her claim. With senior management’s full support, Lucy was also careful to provide her undivided attention whenever she was on the phone with M and never rushed their conversations.

The driver who hit M made an initial offer to settle. However, Lucy concluded that the amount in no way adequately reflected the physical and mental damage M had suffered and issued court proceedings. This gave a judge an opportunity to review M’s medical records as well as witness statements. Lucy firmly believed the evidence she presented would demonstrate that the other driver’s insurers had drastically undervalued the amount of compensation required by M.

Resolution

The case was resolved successfully after court proceedings were initiated. M was awarded £2,000 pre-litigation and a further £9,444 in damages following the judge’s review of the evidence. This higher award took into account the full extent of M’s injuries, both physical and emotional. The increased award reflected the true nature of her injuries and the profound impact the accident had on her ability to live independently.

Outcome for our client

M was delighted with the outcome, as the compensation allowed her to recover the costs of dental work and provided her with some financial relief during what was a particularly traumatic time for her and her loved ones.

The successful outcome also gave M a sense of closure, knowing that the other driver was held accountable for their role in the accident.

This case illustrates the importance of having robust legal representation for vulnerable personal injury claimants. Defendants will often try to offer an extremely low initial amount, hoping the Claimant will quietly accept the offer to restore peace and tranquillity. In M’s case, we knew the other driver’s initial offer was far below what she deserved and needed to access treatment and support to start regaining the independence she cruelly lost.