The Impact

Since leaving hospital, the full impact of the accident has become apparent. She now suffers with severe back and shoulder pain, relying on care from her husband to help get her dressed as well as day-to-day tasks. She was previously an active person who enjoyed walking her dogs, going out swimming and bowling with friends.

The head injury has left her with blurry vision, post traumatic migraines and tinnitus from the ‘explosion’. Most profoundly her loss of confidence and the psychological impact has meant she has struggled in social settings and unable to return to the pub she ran with her husband. For a long time her fear of travel prevented her from driving.

She was unable to work for 12 months and when she did return it was a on a part-time basis to manage her fatigue.

Conviction

The defendant driver was convicted of the offence but avoided an immediate jail term and was instead sentenced to 14 months in prison, suspended for 18 months. He was also disqualified from driving for three years, ordered to take an extended re-test, and told to carry out community service.

Making a claim

Given the significant impact on her life, Anna took the decision to make a personal injury claim.

Anna’s solicitor, Daniel Jamieson a Partner in our Road Traffic Accidents department liaised with the police to secure CCTV footage of the accident, gathered witness statements and proceeded with a claim. The defendant’s insurance company admitted liability and the case moved on to quantum and the amount the claim was worth to Anna.

Daniel and his team worked diligently to gather as much medical evidence as possible, which included reports from an ear, nose and throat consultant as well as neurological and psychological specialists. An offer of £50k was made from the defendant and she was advised to reject.

The impact on Anna’s life, particularly her career, had been profound. Although it was not the sole reason she left the pub she ran, the accident affected her confidence to return to the trade. Daniel and his team pursued a Smith v Manchester award, recognising that her future remained uncertain and that, as a result of the accident, she could be at a disadvantage on the open labour market.

What is a Smith v Manchester award?

A Smith v Manchester award is a lump sum of compensation awarded where an injured person remains in work but faces a real risk of disadvantage on the open labour market because of their injuries. It reflects a reduction in earning capacity, rather than an actual loss of earnings at the time of the claim.

Settlement

Thanks to the work of the Express team in building a strong case supported by medical evidence, and in pursuing further compensation to reflect her potential future loss of earnings, a settlement of over £100,000 was secured, far exceeding the original offer.

On conclusion of the claim Anna wrote on Trustpilot:

“I can’t thank Daniel Jamieson enough; my case was a complex long journey. In which time he was extremely understanding, empathetic and professional at all times. I was very happy with the end result. I would definitely recommend Express Solicitors (Daniel Jamieson) to anyone.”

Daniel said: “Anna went through a terrible ordeal. I am very pleased that we were able to secure a significant settlement for her. Our role is to build a strong case, provide sound advice and support the injured person throughout the claims process. In Anna’s case I believe we have achieved that. I hope the compensation will give her closure and help her move on from the accident.”