Our client was involved in a road traffic accident that caused both physical and psychological harm. Initially, the insurer’s proposed settlement offers did not reflect the severity of the injuries sustained.
We obtained a report from an orthopaedic consultant and a consultant psychiatrist to comment on our clients’ injuries. Our client was diagnosed as having sustained the following injuries:
- Soft tissue injuries to the back, requiring ongoing physiotherapy
- Left knee pain, which resolved within two weeks
- General musculoskeletal discomfort that affected mobility and daily activities during the initial recovery period
- Post-Traumatic Stress Disorder: Increased reactivity and avoidance; Re-experiencing the trauma through flashbacks; and Exaggerated startle response and irritability
Although knee symptoms resolved quickly, back pain required a course of physiotherapy. The expert anticipated full resolution of physical symptoms within six weeks of completing treatment, with no expected future recurrence.
The third-party insurer arranged Cognitive Behavioural Therapy (CBT) as recommended by the psychological report, alongside physiotherapy sessions for physical recovery.
Considering the nature of the accident, the claimant’s symptoms, and the reasonable time taken off work, the case was settled for £2,800. The claimant regained full function and returned to normal activities within three months of the incident.
Settlement
Through careful negotiation and reliance on expert medical opinion, the settlement was increased from the initial offer of £4,700 to £13,000, ensuring fair compensation for both physical and psychological injuries. We were able to obtain over a 175% increase on the initial settlement figure offered.