Our Serious Injury team recently secured a six figure settlement for a client who as a pedestrian suffered serious injury. The settlement has provided her with financial security and closure following a deeply traumatic event.
The circumstances of the collision
Our client was waiting at a bus stop with her children and nephew after spending time together swimming. While standing at the bus stop, a van mounted the pavement and crashed into the shelter, striking those waiting there and pinning our client against the glass.
The collision was catastrophic. Our client suffered serious injuries, her son was injured and tragically her nephew was fatally injured at the scene. The incident caused trauma to the entire family.
Responsibility for the collision
While the circumstances of the incident clearly indicated that the driver should have accepted responsibility, he incredulously chose to fight the case alleging that an act of automatism caused him a momentary unexpected loss of control, resulting in a criminal trial. At the conclusion of that trial, he was found by a jury to be guilty of causing our client serious injury by dangerous driving and was convicted.
We stood by our client throughout the criminal trial, remaining of the firm belief that the driver was responsible, as was ultimately confirmed by the jury. At the same time, we pursued a civil claim against the insurer on her behalf, securing funding for rehabilitation and interim payments to support her recovery.
Injuries sustained
As a result of the collision, our client was transferred by ambulance to a Major Trauma Centre where she was admitted with multiple injuries, including serious lower limb fractures requiring surgery. Our client required spinal surgery, treatment for an exacerbated pain condition and post-traumatic stress disorder..
Impact on daily life and family
The collision had a profound impact on our client. Prior to the collision, she was a stay‑at‑home mother and the primary carer for her children, two of whom have additional needs. She was also providing extensive informal support to her adult daughter, who had a brain injury.
Following her discharge from hospital, our client was unable to mobilise independently and required significant assistance with personal care, transfers and all day‑to‑day tasks. Her mother became her full‑time carer, while her husband assumed responsibility for most childcare and household duties.
The collision had a huge impact on the entire family, particularly the children, who experienced emotional distress and disruption to their daily routines.
How Moore Barlow supported the client
We worked closely with our client and her family from an early stage to ensure she had access to appropriate rehabilitation, interim financial support and expert medical evidence to fully understand the long‑term impact of her injuries.
The claim involved complex issues, including the assessment of ongoing care needs, psychological injury, a pain condition and the impact on family life. As the case progressed and liability was established, the focus turned to resolving compensation.
Resolving the claim at a joint settlement meeting
Unfortunately, the insurer adopted an unnecessarily combative approach to the claim. In response, we continued to build our client’s case and prepared it fully for trial, demonstrating our determination to secure the best possible outcome despite the insurer’s lack of engagement in meaningful settlement discussions.
As the matter progressed towards trial, the insurer eventually agreed to attend a Joint Settlement Meeting. However, they initially made low offers and only began to engage constructively after our client bravely stood her ground.
Negotiations on behalf of our client were led by Counsel, Mr Simon Brindle, who, supported by the team at Moore Barlow, secured an excellent settlement from the insurer.
The outcome
The settlement provides our client with valuable financial security and enables her to focus on her ongoing recovery and the wellbeing of her family after an extremely difficult period. Importantly, it also allowed her to avoid the additional strain of prolonged court proceedings.
The service I received from Matthew Claxson and Olivia Smith from Moore Barlow was great. They kept me up to date with everything and was always there for any questions I had. They were also warm and considerate to me and my family. I was very happy with the final outcome of my claim and would refer them to anyone in a similar situation I was in.
Client
The settlement was achieved without the need for further expert examinations or court hearings and brought the litigation to a successful conclusion. This provided an opportunity to explore settlement in a constructive, face‑to‑face environment and avoid the uncertainty, delay and additional stress of a trial. I am pleased to have secured a good outcome for our client despite the adversarial approach by the insurer.
Matthew Claxson – Partner | Personal Injury
How Moore Barlow can help
This case highlights the importance of early rehabilitation, careful preparation and use of alternative dispute resolution in serious injury claims.
If you or a family member have been seriously injured and require specialist legal advice, our Personal Injury lawyers are here to help. Please contact us on 0800 157 7611 or send an email to [email protected]
