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.