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.