Alan Macdonald | Managing Partner

Car Accident Victim Receives Over 130 Times the Original Offer

We were instructed on behalf of a young woman who was injured in a road traffic accident. This was a fairly straightforward collision. Our client was stationary in her car when she was struck from behind by another vehicle.

Following the accident our client developed symptoms affecting her neck, shoulder, lower back and left hip. Initially it was thought that the injuries were relatively minor in nature and would resolve in the short-term.

Unfortunately, our client continued to experience ongoing pain in her hip. She attended for private medical treatment in an attempt to alleviate her symptoms.

On further examination it was discovered that our client had sustained a tear in the cartilage of her left hip and ultimately required to undergo a total hip replacement. Investigations also revealed that our client had arthritis in her hip that would have been present before the accident but had not been causing any symptoms.

We instructed medical evidence in support of her injury claim from a Consultant Orthopaedic Surgeon. The insurers of the responsible driver also sought their own medical report from an alternative Orthopaedic Surgeon. The experts both considered that the accident had accelerated the onset of symptoms from arthritis in our client’s left hip but there was a dispute as to by what period of time.

As a result of her injuries our client was medically retired from her employment (which was a physical role) thus suffering a loss of earnings and loss of pension. Again, the valuation placed on these aspects of the claim was challenged by the insurance company’s representatives on the basis that they considered that much of the loss was unrelated to the accident and would have occurred in any event.

In this case, we required to raise court proceedings. Of interest, is that before we raised court proceedings we had received an offer of £3000 from the third-party insurers which we did not hesitate in advising our client to reject.

Court proceedings were raised in the Court of Session and we sought the input of Counsel (advocates) to assist with the preparation of the case for court.

After rejecting several offers from the responsible party our client’s claim eventually settled for a sum in excess of £400,000.

Therefore, by following our advice and taking on board the views of Counsel, our client received a compensation award that was over 130 times in excess of the original offer from the responsible insurance company.

Many firms dealing with personal injury work will make much of recovering a certain percentage above the original offer. At Jackson Boyd we deal with each and every case based on its very own unique and particular circumstances. Our aim is to recover as much as we can on behalf of our clients who are involved in accidents through no fault of their own.

Nevertheless we like to think that we recover more than just compensation. In this particular case our client had the benefit of a legal expenses insurance policy. Following the accident we were able to arrange private physiotherapy treatment on her behalf and at no cost to her. We instructed medical reports from various experts that both assist us with valuing her claim but also provide additional medical input for our client in her recovery.

We were able to raise court proceedings in Scotland’s highest civil court and employ the expert assistance of advocates to make sure that all investigations were carried out and that the case was thoroughly prepared for court. All of this enabled us to bring this case to a successful conclusion.

If you have sustained an injury in an accident then Jackson Boyd can guide you through the compensation process. We can put in place a rehabilitation programme to aid your recovery and will not shy away from taking your case all the way to court to ensure that you receive the justice you deserve. For more information please contact us on 0333 222 1855 or by clicking here.

Alan Macdonald

Alan Macdonald

Personal Injury Team

“At Jackson Boyd, our focus is always on our clients. We will deal with their case in a professional and efficient manner. At all times we will put their needs first. We will achieve the results that they deserve.”

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