4th May 2023 – Our client Mr K from Herne Bay was involved in a serious road traffic accident in February 2020 when he was involved in a rear end collision whilst parked on the verge. Mr K lost consciousness and there were significant physical injuries including left wrist fracture, right shoulder girdle injury, multiple rib fractures and spinal injuries. In addition Mr K suffered facial injuries including a nasal bone fracture, and was later diagnosed with a perforated large bowel which required surgery and an ileostomy.
These were life changing injuries, which have had a lasting impact, not least because Mr K later developed driving anxiety and anxiety arising from his ileostomy.
Mr K instructed this firm to investigate a claim on his behalf. A Letter of Claim was sent to the insurers of the other driver in order to obtain an early admission of liability. It was then necessary to obtain multiple medical reports on the various injuries suffered by Mr K, including psychiatric injury, in order to evaluate the claim.
Mr K suffered financial hardship because he was unable to return to work and an important task was to obtain repeat interim payments from Capulus Insurance to ensure he had funds for his day-to-day living expenses.
Ultimately, however, the insurers were not prepared to be sensible whilst Mr K waited for his ileostomy reversal and forced the claim into litigation.
However once the ileostomy reversal had been completed solicitors were able to engage in productive settlement negotiations with the result that Mr K secured £140,000 damages for his injuries and consequential losses.
Steve Evans, Senior Solicitor, with conduct of the case commented:
“Mr K was 64 when he had his serious road traffic accident having worked hard all of his life. I very much hope that following ileostomy reversal he will be now able to complete his physical rehabilitation and enjoy his later years with a greater degree of financial security”.
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