Pedestrian struck by vehicle

Pedestrian struck by vehicle 

Our client in this case was a pedestrian who was struck by a vehicle whilst crossing a road.

The medical position was extremely complicated, and there were concerns as to whether liability would be admitted, as the defendant was likely to argue that our client was the author of her own misfortune.

With detailed investigations, perseverance and expert medical evidence, a successful outcome was reached with liability being admitted and an agreed settlement in the sum of £25,000.

It is important to assess the psychological impact of an accident in addition to any physical conditions. Pedestrians that have been involved in collisions with a vehicle are particularly at risk of suffering with difficulties and anxieties when returning to everyday life.

We take our time to assess the needs of each and every client and use experts in their field to ensure our client’s recovery is the top priority.

 

The accident, and injuries sustained

In November 2019, our client ‘Mrs S’ was a pedestrian at a junction in Ipswich town centre.

As she was part way across the carriageway, she was struck by a Land Rover Discovery being driven by the Defendant.

Aged 74, Mrs S suffered soft tissue injuries to her hip, ribs and right hand, and more significantly, a head injury resulting in a subdural haematoma which was thought to be the primary cause of a pulmonary oedema which did not become apparent until several days later.

She was hospitalised following the accident and then had to be readmitted several days later having developed worrying symptoms which were subsequently diagnosed as a pulmonary oedema.

Having been discharged from hospital, Mrs S suffered from prolonged and debilitating symptoms arising from the accident which included certain cognitive issues and a fairly severe psychological reaction.

 

Preparing the case

In the initial stages of the claim, our team took full details concerning the circumstances of the accident and the injuries that had been suffered as a result.

As the co-owner and manager of a large residential retirement home, the continuing effects of the accident had compromised her ability to undertake many of her usual roles.

Consideration was given in relation to liability, and arrangements were made to obtain a copy of the Police Accident report which had been prepared following the accident.

Our team arranged for liability investigations to be carried out and then prepared a detailed letter of claim which was submitted to the Defendant’s Insurers. Having reviewed maters, the insurers confirmed there were prepared to deal with our client’s claim.

The Defendants offered to undertake an Immediate needs assessment (INA) for the purposes of rehabilitation which Mrs S agreed to undergo. In potentially serious injury cases, a case manager will usually undertake an INA at early stage to see what rehabilitation/remedial treatment is required and whether there are any pressing care/welfare issues which need to be assessed ASAP.

Copies of our client’s extensive Hospital and GP records were obtained and considered, and instructions were submitted to a Consultant Neurologist to examine and assess the client and prepare the appropriate report. The report was completed in late 2020; the expert confirmed that Mrs S had sustained a moderate traumatic brain injury, resulting in a subdural haematoma, but was unable to determine whether the accident had caused the subsequent pulmonary oedema.

The client was continuing to suffer from persistent headaches, fatigue, sleep problems and mood disturbance which the Consultant believed to be psychological in nature and therefore it was considered necessary for further detailed medical evidence to be obtained from a Clinical Psychologist.

 

The outcome

Utilising the expert medical reports we had obtained, our legal team pursued negotiations with the defendant’s insurer. After reviewing the medical evidence and Schedule of Loss submitted to them,  the insurers put forward an offer in the sum of £25,000 and Mrs S agreed to settle her case.

Speaking of her experience with Smith Jones, Mrs S said “I have been kept informed of all developments throughout the process after being knocked down by a car whilst crossing the road. I have had physiotherapists and psychological input. I am impressed with the knowledge and advice I’ve been given. I am happy with the outcome.