RP Crawford & Co.: Road Traffic Accident Case Study: Successful £430,000 Compensation Award for the Plaintiff
In this case study, we explore a significant road traffic accident (RTA) that Liam McDonald recently acted in. Liam represented the plaintiff in seeking compensation for significant personal injury. Through meticulous legal strategy, expert analysis, and effective negotiation skills, we secured a substantial compensation award of £430,000 for our client.
Background
Our client was a pedestrian along the roadside when without warning was struck by an unknown driver. The driver struck our client, fled the scene and was regrettably not apprehended by PSNI. Despite extensive enquiries we were unable to establish a vehicle make/model, registration number or description of the vehicle. Our client has limited recollection of the incident owing to the injuries sustained.
If a vehicle is untraced or uninsured can you still claim? Yes. We can pursue a claim through the Motor Insurance Bureau or “MIB” who will pay compensation for any client who has been involved in an accident involving untraced or uninsured clients.
Key Challenges
- Liability Dispute: The MIB had such limited information that there was a significant delay in accepting this claim. Extensive legal submissions had to filed until liability was ultimately conceded albeit the MIB attempted to then argue our client was partially at fault – alleging he was standing too close to the road.
- Establishing Damages: We faced the challenge of accurately quantifying the physical, emotional, and financial damages suffered by the plaintiff as a result of the accident. We obtained various reports from medical consultants who are leaders in their field to include Orthopaedic spinal surgeons, Psychiatrists and Neurosurgeons. Once the injuries are established we turned to special losses which included care costs and the cost of future care which is generally assessed by a consultant Occupational Therapist and thereafter a financial accountant.
- MIB Resistance: The defendant displayed a reluctance to accept the full extent of the plaintiff’s injuries and the long-term impact on life. Once the eventually accepted the degree of injury they attempt to raise “contributory negligence” which would realise a significant deduction in the client damages.
Legal Strategy and Actions Taken
- Detailed Investigation: We conducted a thorough investigation of the accident scene, gathered evidence, and obtained Police Reports and witness statements. This evidence was crucial in establishing the defendant’s liability.
- Expert Medical Assessment: Specialised medical experts were engaged to assess the extent of the plaintiff’s injuries, which included multiple fractures and psychological trauma. Their reports provided strong evidence to support the plaintiff’s claim.
- Loss and Financial Projections: The solicitor firm meticulously calculated the financial losses suffered by the plaintiff, including medical expenses, care costs, rehabilitation costs, and potential future expenses arising from the injuries.
- Negotiation and Litigation: Liam initiated negotiations with defence presenting a compelling case backed by substantial evidence. Initial offers of £250,000 and £300,000 were declined.
Results and Compensation Award
After persistent negotiation we successfully obtained a compensation award of £430,000 for the plaintiff. The award covered the following key components:
- General Damages: The plaintiff received compensation for pain, suffering, and loss of amenity resulting from the physical and psychological injuries sustained in the accident.
- Special Damages: The plaintiff secured additional damages to cover medical expenses, rehabilitation costs and future care requirements for the plaintiff.
Conclusion
This road traffic accident case highlights the need for expertise and involvement at the outset through meticulous investigation, expert analysis, and strong negotiation skills, liability disputes were resolved and we successfully demonstrated the full extent of the plaintiff’s damages. This case study exemplifies our firm’s commitment to advocating for all clients and ensuring they receive the compensation they deserve in the aftermath of traumatic accidents.
