Road traffic accidents can turn a family’s life upside down in an instant. In a recently settled claim, our personal injury solicitor Hemant Kumar leveraged his legal expertise to achieve justice and compensation for a family of four involved in a collision caused by another driver. When claiming on behalf of multiple individuals, it’s even more vital that a strong and thorough case is built to ensure all circumstances are consistent with injuries. Any inconsistencies or overlooked details could be exploited by the defence.
Hemant led the case forward with determination, attention to detail and a proactive drive, overcoming third-party disputes and allegations to achieve £16,800 compensation for our clients. Here’s how we approached the personal injury case to ensure a positive outcome that allowed the family to move forward with their busy lives.
What caused the road traffic accident?
A family of four were travelling in a car on a roundabout when another driver unlawfully changed lanes, leading to a collision. Our claimants’ car was damaged and all four members of the family – a father, mother and two children – sustained injuries to the neck, shoulder, and lower back.
Given the damage inflicted on the car, the injuries sustained, and the subsequent physio required, the family wished to submit a claim for compensation. After entrusting Optimal Solicitors for expert legal advice and support in this matter, we assessed the circumstances and acted quickly to submit the first letter of claim to third-party insurers.
While we waited for the third party to conduct their own investigations, we got to work on building a watertight case in preparation for a response. This involved reviewing all of the clients’ medical records and injury details. We also conducted a thorough examination of vehicle damage – a crucial step in any road traffic accident claim which can impact the validity of injuries should causation be raised.
Before we delve any deeper into the personal injury case, let’s unpack the core elements of a road traffic accident claim to give you a greater understanding.
What constitutes a road traffic accident claim?
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.
If you were a passenger in a vehicle, you are entitled to claim compensation regardless of whether the driver of your vehicle or another party was at fault. In cases where the driver of the vehicle you were in caused the accident, your claim would typically be made against their insurance policy rather than that of another driver.
- 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 defendant’s insurer. 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.
Moving swiftly with a strong case
After reviewing an engineer’s report, we determined that the car damage matched our clients’ circumstances. We therefore updated the third-party insurer on their position of liability. While they continued their investigations, we gained authority from our clients to push the claim forward with a Part 36 offer, encouraging a fair settlement to be made by the third party at a meticulously calculated value, all to avoid court proceedings. We specified for the offer to remain open for the legal minimum of 21 days – also known as the ‘relevant period’.
We received no response from the third party within this period, and in order to remain proactive with the case, we issued court proceedings – confident in the strength and validity of the case. Eventually, the third party filed a defence, admitting liability but raising causation – claiming that the impact to the damaged vehicle was low and therefore any injury claims from the accident would be restricted.
This is a serious allegation, which if proved by the court, can completely collapse the case on the basis of an untruthful claim. At this point, it was important for Hemant to make our clients explicitly aware of the allegations and potential implications, while also reassuring them of the strong stance we have built around their claim for compensation.
Overcoming allegations
The choice about whether to proceed with a case is entirely down to our clients. In this instance, our clients confirmed that they understood the defence’s position and that all previously stated injuries were accurate – ultimately disagreeing with all allegations. So, Hemant wasted no time gathering all evidence and witness statements in preparation for court proceedings.
In response to our maintained position, the defence still didn’t believe the extent of the injuries being claimed for and made a discontinuance offer to our clients. This offers claimants the opportunity to drop the claim and walk away without the risk of losing at court and paying costs.
Hemant ensured our clients were made fully aware of the risks involved in rejecting the discontinuance offer. However, he also explained that we were confident in the case we had built, breaking down all the arguments in favour of and against proceeding, and explaining that we had reasonable prospects for success.
Gaining justice and compensation
At Optimal, our solicitors are never afraid of going to trial and litigating for a case we believe in. Hemant made that clear to our clients while also reconfirming that the decision whether to accept or reject the discontinuance offer was entirely down to them.
Our clients wished to reject the offer, and after standing firm with our case, we received a settlement offer two weeks before trial for £16,800. We advised our clients that this was a reasonable offer given all circumstances. The family chose to accept the offer and were very happy with the result.
Hemant’s expertise and dedication to his case helped our clients achieve an optimal outcome despite strong allegations and disputes. But it wasn’t just his legal acumen that shined here. The claimants led very busy lives which often required Hemant to commit additional time outside of the norm to communicate with all individuals involved with the claim – ensuring relevant documents were signed and submitted within time deadlines.
Injured on the road? Optimal can help
Our personal injury solicitor go above and beyond in the interest of our clients, providing any additional support they need to assist their claim for compensation. So, if you’ve been in a road traffic accident and need the very best legal advice and support to help you move on with your life, we are the optimal choice.
We guarantee:
- No-win, no-fee representation
- Expert legal advice tailored to your case
- Proven success in securing maximum compensation
Take the first step towards justice. Contact us today.
