In many road accident cases, assessing where responsibility lies is anything but a straightforward exercise. However, lawyers succeeded in cutting through such difficulties in achieving a seven-figure settlement of a catastrophically injured pedestrian’s claim.
The middle-aged woman was crossing the road when a car hit her, throwing her over its roof. She was not using a pedestrian crossing and there was evidence that she had not looked to her right before stepping off the pavement. She was, however, there to be seen and the driver, who said that he had been dazzled by the sun, may have been distracted.
The driver’s insurers disputed liability for the accident, in which the woman sustained severe head and spinal injuries. After launching personal injury proceedings on her behalf, however, her legal team successfully negotiated a settlement whereby the insurers agreed to pay her £3.2 million in compensation. That sum represented 72.5 per cent of the full value of her claim.
A provisional damages award was also agreed so that it would remain open to her to seek further compensation if her neurological condition deteriorated or if she went on to develop uncontrolled epilepsy. The settlement was unlikely to affect her continued entitlement to state benefits, which amounted to almost £52,000 a year. The High Court had no hesitation in approving the settlement.