Arm amputation road accident claim
A fight for 7-figure compensation settlement
On a very bright and crisp Monday, Mrs K was walking about town, going about her normal business. She was crossing a road in a busy town centre on a zebra crossing and on the green man when a lorry that was stationary at the traffic light suddenly moved off and collided with Mrs K.
The lorry’s insurer denied liability claiming that there was a green light for their lorry and blaming our client for crossing the road on the red man.
Multilingual lawyers = more success
Mrs K initially instructed a local firm of solicitors in her town. Unfortunately, most local small firms are not specialist in the personal injury litigation. Luckily for the client, she soon realised that and came to Levenes where she was able to speak directly to her solicitor without any interpreters or assistance which is very important in complex cases involving very serious injuries.
It is not just the language barrier that often cause misunderstandings between foreign speaking clients and solicitors, but also significant cultural differences.
Liability was denied and initially it seemed like it was going to be one person’s word against the other. Luckily for Mrs K, Levenes have been helping victims of serious injuries for over 30 years and we are able to utilise our wide resources to investigate claims. In this case, we sent private investigators on the ground to the try and locate any potential witnesses.
Foreign jurisdiction claim
There was a further complication- the lorry was registered in another EU country (the UK was in the EU at the time of the accident) and came from the EU to deliver products.
All lorries are equipped with tachograph devices which record the drivers driving hours as by law they are not allowed to drive more than permitted hours per day and must take regular breaks.
When the police attended the scene of the accident and inspected the lorry, they discovered wires for an additional tachometer device in the cabin of the driver suggesting that the driver had been using two devices which means he was probably driving for longer than permitted hours and probably without breaks. This was important because if it was the case then the driver would have been extra tired and certainly not paying attention to the road as he should have- that would have explained how the accident happened and why he was not paying attention.
Probably in fear of prosecution, the driver left the UK immediately after the accident to his native EU country and did not co-operate with the police investigation.
In a complex and high value case like this it is very important that the solicitors you instruct have the financial resources to pay for the best engineering experts and medico-legal experts in the UK.
Insurance companies have the money to fight cases for years and spend their money on experts to try to defend the case, so it is important for you to be on an equal footing with them. At Levenes, we have access to leading experts in any field and we have the money to pursue high value claims.
In this particular case each party instructed 12 experts from different medical fields including leading experts in prosthetics who gave the evidence on various type of prosthetics that could be available to our client including bio mechanical arms and the latest state-of-the-art prosthetics.
After a long battle and 2 joint settlement meetings with the legal team of the insurer, we were able to secure for this client a compensation to cover including her future losses such as care and assistance.
This case was a hard fought battle which was won for the client and she can now get on with her life. In a lot of cases, insurers will be more collaborative and work with us to achieve a fair settlement instead of fighting with us. Thankfully not every case is such a battle, like this one.
We will always be on the side of the injured person and, when necessary, ready to fight for them for justice.
It is cases like this that gives us the most satisfaction for the job we do for clients who are seriously injured. The lives of people who suffered limb amputations will never be the same, but we will always be trying to do our very best to make sure that they find the second breath to carry on with their lives with the adaptations.
Amputation & loss of limb amputation compensation claims
If you have suffered a very serious disabling injury such as a limb amputation, please remember that this is not the end of your life and with the right medical, rehabilitation and legal assistance you can put measures in place that will improve your life if and let you enjoy it.
Please contact us for a free and no obligation consultation with regards to an injury you have suffered.
You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional serious injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.