Our experienced Senior Litigation Executive, Jeff Sparke, recently settled a road traffic accident claim for a client who was in desperate need of legal and personal support. The injuries she sustained were significant, the impact on her life was severe, and her personal circumstances deteriorated as time passed following the accident.
After almost four years, numerous medical reports, and extensive personal support, our client was awarded a net compensation of £466,000. Jeff not only had to apply his legal expertise to ensure our client had a fair chance at moving on with her life, but demonstrated selfless commitment to supporting her through professional, financial, and domestic fallout.
Learn more about the context and case details below.
Pedestrian road traffic accident
In February 2020, our client was getting ready to start a new job in Cambridge before she was struck by a car at a roundabout. She sustained multiple injuries as a result, including:
- Traumatic intracranial subarachnoid haemorrhage causing an acquired brain injury
- Multiple fractures of the skull, facial bones, fingers, pelvis, and left eye
- Bilateral posterior vitreous detachments likely caused by the accident
- Two teeth knocked out from the impact
Our client was taken to hospital immediately afterwards where she received ongoing medical treatment. She was left with impaired cognitive function and lasting physical injuries, but these weren’t the only consequences of the incident. After she was discharged from hospital, our client was left unemployed with nowhere to live – meaning she had to move in with a family member. This ended up being a highly unsafe and abusive domestic situation, resulting in her being relocated into sheltered housing.
Nine months after the incident, our client reached out to Optimal Solicitors for legal representation in order to get her life back on track – physically, psychologically, domestically, and financially. Senior Litigation Executive Jeff Sparke took the case.
What constitutes a road traffic accident claim?
Before we delve any deeper into the case, let’s unpack the core elements of a road traffic accident claim to give you a greater understanding.
If you’re the victim of a road traffic accident, you have a right to claim for compensation if the accident was either partially or fully the fault of another party, such as a driver. Here are a few key points to bear in mind before you can make a claim:
- Involvement – You must have been involved in the accident as a driver, passenger, pedestrian, cyclist, motorcyclist, or a vulnerable road user
- Injury – You must have suffered physical or psychological injuries as a direct result of the accident
- Negligence – Another party’s negligence or breach of duty must have caused the accident
- Time limit – You must make your claim within three years of the accident or from the date you first became aware of your injury
Should you choose to make a claim with legal representation, your solicitor will send a letter of claim to the insurer of the defendant. An investigation and confirmation of responsibility takes place within three months, followed by a court process where your solicitor will seek for you to be awarded maximum compensation from the judge.
If you’re successful, the level of compensation you receive will vary on a case-by-case basis and may cover medical costs, loss of earnings, ongoing treatments, or emotional trauma support. In this case, all four of these areas were taken into consideration by Jeff Sparke, along with absolute dedication, empathy, and sensitivity to support our client through her emotional and physical challenges.
Next steps
After contacting the defendant’s insurer, primary liability was admitted but contributory negligence was alleged on the basis of stepping out into the road without providing the driver with ample time to react. Although some devaluation was anticipated, Jeff was confident in a successful financial outcome for our client.
At the same time, he helped prepare for the third-party collaboration and emotional support required to ensure our client’s welfare and wellbeing was protected throughout the case.
Physiological, psychological, and personal support
Achieving fair compensation to help our clients move on with their lives is the bare minimum of our responsibilities here at Optimal. The claim process can be stressful in any case, but in this scenario, the client required emotional and practical support from Jeff and the team to see the claim through and navigate a path forward.
Polish is our client’s first language, and although she was able to understand and communicate in English throughout the process, Jeff ensured that any lengthier or technical, written documents were fully translated into Polish. This was a consideration made to ensure vital, more complex information was fully understood – particularly with her cognitive and visual difficulties.
As well as physical and emotional trauma from the accident, the displacement and domestic issues that followed weighed heavily on our client’s mental wellbeing. Jeff stepped in here, providing one-to-one support and reassurance where he could, and liaising with her GP to ensure money was set aside for her to access the help she needed. Jeff also helped liaise with the right partners to facilitate an appropriate relocation out of sheltered housing.
| “I’m not just here to push papers and apply the law. Gaining the best possible outcome for my clients is important to me, and often that requires more than monetary justice. Emotional support, reassurance, and empathy is part and parcel of our service, and must also be extended to those around the client, like family members. Knowing when to engage third parties – like GPs, specialists, and financial aid providers – is also key to ensuring the client has the necessary foundations to move forward both during and after the case.”
– Jeff Sparke, Senior Litigation Executive |
Justice and the onward journey
The medical complexity and severity of this road traffic accident claim led to a duration of just under four years. Medical evidence had to be gathered from two different hospitals and correlated with GP, dental, and optician records. The client also saw seven different specialists including an ophthalmologist, neurologist, psychologist, and facial, ear, nose, and throat specialists.
An initial offer was made of £300,000 which Jeff fought hard to increase, reiterating to the insurer the life-threatening and life-changing impact that the accident had on our client. For her to move on with a fair chance at regaining comfort and stability, a greater value was necessary. Ultimately, the claim was settled at £420,000 plus £46,000 in CRU contributions. A chunk of the amount was dedicated to receiving future treatments, including hip transplants over the remainder of the client’s life span, physiotherapy and neuropsychology.
As the client was receiving benefits, Jeff ensured that the payout entered into a personal injury trust to ensure the client’s benefit payments weren’t affected. This enabled her to withdraw funds for appropriate treatments, such as a hip replacement, as well as gaining support for fund reinvestment, saving plans, pension planning, and more.
Optimal results in difficult circumstances
Fortunately, our client was well enough to express her appreciation of the support given to her throughout the process, and for a chance to move on with her life past the adversity experienced both directly from the accident and from subsequent events.
If you’ve suffered a road traffic accident that was fully or partially the fault of another party, then we can help you. Our experienced personal injury solicitors are dedicated to helping you achieve justice and move on with your life with as little discomfort as possible.
For legal support that goes further, contact us today.
