Road Safety Awareness Week 2024: A Life Rebuilt After a Devastating Road Traffic Accident
In support of Road Safety Awareness Week which takes place on 17th – 23rd November and organised by Brake, the road safety charity, we are proud to share this case study to highlight the life-changing impact of road traffic accidents and the importance of road safety. At Rogers & Norton, our Personal Injury Team believe raising awareness can help prevent future accidents, but we want to highlight the support available when unfortunate events occur, as every victim counts. This case, which resulted in a significant settlement for our client, illustrates the far-reaching consequences of dangerous driving and highlights the vital role of expert legal advice and the benefits of collaborative rehabilitation when securing justice for the victim.
Background
Our client, a roadside technician, was performing a wheel change on a broken-down vehicle when his life took a dramatic turn in an instant. A driver impaired by drugs failed to notice the broken-down vehicle and illuminated lighting of the breakdown service vehicle, left the road and struck our client, resulting in severe injuries causing life changing consequences. A serious road traffic accident at any time has devastating consequences but this incident occurred as the world was about to be struck by the Covid-19 pandemic, adding another layer of complexity to managing the case. The injuries the client sustained left him unable to work again, resulting in a prolonged hospital stay of three months followed by extensive rehabilitation, prematurely being provided at home by his wife acting as his sole carer given the isolation requirements of the pandemic. With his previous job lost, the client’s physical mobility was severely restricted and his quality of life drastically altered.
Initially, the case required prompt and coordinated action to ensure our client received both medical care and financial stability throughout his recovery. The client sought our legal representation for guidance on the pathway to recovery and to ensure full compensation for the life changing consequences. This required an analysis of his treatment and care needs, the engagement of the rehabilitation protocol and planning the case given the lengthy prognosis for the injuries. Financially, it was important to also ensure that the financial burdens of the injuries and being unable to work were mitigated as much as possible, by suitable and sufficient interim payments.
Challenges and Considerations
At an early stage it was important to reassure the family that whilst the drug driving conviction was likely to affect the other drivers motor insurance cover, it would not affect the availability of that cover as regards the clients claim. The accident coincided with the commencement of the pandemic, which complicated case management due to restrictions on in-person medical assessments and access to physical rehabilitation facilities. It also meant the client’s wife had to cease work to become a full-time carer. However, through careful teamwork between our Personal Injury team, Personal injury trust experts, medical professionals and rehabilitation providers the case was successfully concluded.
Mark Hambling, Director and Head of the Personal Injury Team, was able to reach an early agreement with the insurers to work collaboratively and appoint a case manager funded by the insurers, to explore the clients needs for care, treatment and therapy and ensure that at the appropriate times the client obtained what he needed as quickly as possible, where necessary through private treatment providers. However, rehabilitation was also about getting help with housework, gardening and providing the aids and equipment to help achieve as much normality as possible.
The rehabilitation was coordinated by Corpore and speaking about this, Conor McCann, Clinical Delivery Manager noted:
The early instruction of rehabilitation and the subsequent early intervention was a key factor in achieving an excellent rehabilitation outcome for the client. We were able to undertake an in-depth, holistic assessment of the client and, working alongside him, were able to identify his and his family’s immediate needs, as well as his hopes and aspirations for the future.
Taking a proactive, goal-focussed approach allowed us to work with the client with clear outcomes in mind, utilising his interests to maintain motivation towards the overarching rehabilitation goal and maximising functional ability. This was only possible with the collaboration of the instructing parties, the client, and our treating partners, The Treatment Network, expertly coordinated by our Case Manager. The importance of engaging the client in his own rehabilitation journey and the collaborative approach by all parties towards rehabilitation, cannot be overstated. This also enabled us to put support in place for the client’s wife, reducing carer burden and minimising the impact on their relationship.
Our focus on proactivity and collaboration enabled the client to access the best of NHS and Private services together, while creative-thinking and prioritising his interests, including community access, cycling and social engagement, ensured he was able to achieve excellent clinical and functional outcomes. Regular communication throughout allowed us to adapt the rehabilitation plan to meet the client’s changing needs, ensuring he had the right support, at the right time. The client taking an active part in his own rehabilitation was a key factor in achieving his goals. It is only by collaboration with all key parties that rehabilitation goals can be achieved, supporting clients to regain as much independence and control as possible when their lives are thrown in to chaos.
While the insurers in some cases may refuse or delay funding necessary rehabilitation, the insurer in this instance took a collaborative approach. This was not only evident by the engagement of rehabilitation but also by making a sequence of interim payments to ensure that at least financially the client was not compromised and that the consequences of the life changing injuries did not have a substantial effect on the families financial position.
The receipt of the interim payments required Laura Rumsey, Director and Head of our Private Client Team, to advise the client on the importance of establishing a Personal Injury Trust. This legal step ensured that interim payments were protected and the client’s access to means-tested benefits remained unaffected. This was another crucial element of the financial strategy that allowed our client to sustain some normality in the standard of living despite the life changing consequences of the accident.
The Settlement
After more than four and a half years of careful case management and collaboration, many medical reports on the physical, psychological and financial consequences of the accident we successfully negotiated a final settlement exceeding £1 million. This settlement not only accounted for lost earnings, as the client would never return to work, but also provided sufficient funds to ensure future care, mobility aids and private medical costs for further surgery were all met. It was also sufficient to fund adaptions to the client’s house to make this suitable for the long-term effects of the injuries and improve our clients quality of life.
The damages also included provisions for a mobility scooter, and exercise and electric cycle equipment to help maintain fitness. The client also received enough compensation to purchase a motor home, restoring the spontaneity in life enjoyed before the accident by he and his wife taking weekend trips with their dogs in their caravan, which was no longer possible given the injuries.
Conclusion
This case highlights the importance of expert legal guidance, teamwork and collaboration between legal professionals, rehabilitation providers, insurers and treatment providers, in securing a successful outcome for those affected by severe road traffic accidents.
It is wholly regrettable and avoidable that accidents such as this, caused by a moment of recklessness should occur and whilst the victim would always give up every penny of compensation to not have the accident, with the right knowledge and expertise, a shattered life can be rebuilt.
The combination of interim payments, medical treatment, rehabilitation and a well-negotiated settlement has provided our client with financial security and the ability to move forward with his life.
This case study emphasises the value of choosing knowledgeable and experienced personal injury representation when navigating the complexities of road traffic injury claims. Seeking out a solicitor who has the experience and expertise to seek the right early input and take the proactive steps to achieve as much as possible elements of normality during the claim process.
Road Safety Awareness Week 2024
As part of Road Safety Awareness Week, we are proud to share this case to highlight the profound impact road crashes can have on individuals and their families. This year, Brake has placed road victims at the heart of Road Safety Week, aiming to raise awareness of the devastating toll of road collisions s while celebrating the incredible people who support families after a road death or serious injury. Our client’s story is a powerful reminder of the life-changing consequences of dangerous driving – we are committed to raising awareness and supporting victims in their pursuit of justice and recovery.
For more information about our Personal Injury services, or to arrange a free initial consultation, please contact Rogers & Norton on 01603 666001 or email enquiries@rogers-norton.co.uk