£1.2 million settlement secured after head-on collision caused by dangerous driver

Oliver Chapman, Partner in the Personal Injury team at Thomson Snell & Passmore, secured a £1.2 million settlement for a client who suffered life-changing injuries following a serious road traffic collision caused by a driver who attempted to overtake a lorry on a blind bend.

Our client was driving on the A26 near Newhaven when another vehicle crossed the central line in the road into his path whilst overtaking. The head-on, high speed collision was unavoidable, and the force of the impact left his vehicle crushed, requiring emergency services to cut him free before he was airlifted to Royal Sussex County Hospital, Brighton.

He sustained multiple serious injuries, including a right open distal femoral fracture, traumatic abdominal hernia, fracture of his left proximal fibula and significant damage to his right knee involving torn ligaments, fractures and tendon injuries. He underwent emergency surgery to repair his injuries and remained in hospital before being discharged with mobility aids.

In the months and years that followed, our client experienced ongoing complications. He developed post-traumatic stress disorder and continued to suffer significant pain and mobility problems. The repair of his abdominal hernia failed, requiring further surgery. Following that procedure, he developed sepsis and required additional treatment. Despite undergoing a total knee replacement nearly three years after the accident, he was left with ongoing pain and permanent restrictions affecting his mobility and independence. He was ultimately unable to return to work.

Our client initially instructed another firm before transferring his case to Thomson Snell & Passmore 12 months after the accident – on the recommendation of a friend – when he felt that the previous solicitors were encouraging him to accept an early offer of settlement of £350,000. Oliver Chapman and the team carried out a detailed review of the situation, reviewing the police collision report and expert evidence already obtained by the previous solicitors from orthopaedic and general surgeons and a psychiatrist, before agreeing to accept instructions, despite the sizeable offer already “on the table”.

Over the next two years, the focus was our client’s recovery, and Oliver secured interim payments to fund ongoing case management, rehabilitation and treatment, whilst also helping with our client’s everyday living expenses.  Our specialist Trusts team set up a Personal Injury Trust for our client to preserve the means-tested benefits he started to receive after the accident rendered him unable to work in his previous role in construction.

The driver responsible for the collision later pleaded guilty to causing serious injury by dangerous driving. Liability was subsequently admitted by the defendant’s insurer. However, the extent of our client’s injuries, future care needs, loss of earnings and ongoing medical complications meant that the value of the claim remained in dispute.

As further medical evidence became available, it became clear that our client faced long-term disability, with expert evidence indicating he may become wheelchair dependent in the future. A detailed Schedule of Loss was prepared to reflect his extensive injuries, future treatment needs, loss of earnings, rehabilitation requirements, care needs and accommodation considerations.

During the course of the case, the defendant made further offers of £475,000, £525,000 and £1m.   Following extensive negotiations and further expert evidence from the orthopaedic surgeon and an expert in care, Thomson Snell & Passmore secured a final settlement of £1.2 million, providing our client with financial security and access to the support and treatment he will need in the future.

The Personal Injury team at Thomson Snell & Passmore has extensive experience helping people who have suffered serious injuries as a result of road traffic accidents and other incidents caused by negligence. We understand the devastating impact a life-changing injury can have on individuals and their families and work to secure the rehabilitation, support and compensation our clients need. If you would like to discuss a potential claim, or have a general query about a personal injury or clinical negligence matter, please contact Oliver at Thomson Snell & Passmore in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury claims.