A Fantastic Conclusion to a 20-Year Road Traffic Accident Claim

Introduction

Specialist solicitors at Osborne Morris & Morgan secured a multi-million pound settlement on behalf of a client who suffered serious injuries in a road traffic accident 20 years ago. After years of legal proceedings, Court hearings, applications and negotiations, OMM specialists were thrilled to recently agree a settlement and bring to an end a long standing and stressful legal claim for their client. This will ensure the financial security for our client’s future, and provide support for ongoing and long-term care, treatment and rehabilitation costs.

Background to the case

In 2006, when the client was only 4 years and 9 months old at the time, and just days away from starting primary school, was travelling in a car with their mother when it was hit from behind by a Belgian lorry driver who was travelling at speed. Through investigations carried out by OMM representatives and the police, we were able to prove that the driver had not been taking regular rest breaks, and he likely fell asleep at the wheel or lost concentration. The consequences of this was that the client’s mother was tragically killed in the accident, and our client was thrown from the car resulting in extensive and life-changing injuries. The lorry driver was later sentenced to 2.5 years in a UK prison for driving offences before being returned to Belgium.

OMM representatives were able to bring a separate legal claim on behalf of the client’s mother’s estate which was resolved in 2010, and secured a six-figure sum in compensation.

Following the accident, the client was taken to Kings College Hospital in London where they remained in a coma for 10 days, on ventilation and with an initial, very poor prognosis. The injuries they sustained were severe, diffuse and necessitated multiple surgeries.

Against all odds, our client has gone on to make a much better recovery than was initially predicted. They required a lengthy period of time in rehabilitation learning to walk and function again. Their recovery was ultimately better than expected largely due to their father carrying out considerable investigation work and research into surgical procedures, and the client was taken to Germany and New York for more progressive orthopaedic treatments to help with the rehabilitation.

Whilst our client was ultimately able to go to a mainstream primary and secondary school, they needed 1:1 support within the classroom, and additional provisions were put in place to help best meet their needs. Our client has since gone on to pursue a career in music and secured a place at a University in the United States where they completed a 4-year degree in jazz piano.

In the course of investigating the claim, we collated witness evidence which helped give weight to the challenges that our client has had to deal with. This has included speaking to family, friends, school teachers and their driving instructor who all witnessed first hand the struggles our client presented with and had to overcome as a result of their injuries.

Expert evidence was also needed to comment on the long-term effects of the injuries and showed that our client had difficulties with emotional regulation, their resilience and fatigue. This has meant that they have needed a lot of organisational support from their father and an external PA.

The physical injuries sustained have been extensive, resulting in 17 surgeries to their leg throughout their lifetime. Their altered gait arising from the leg injury has caused additional pain. The evidence we have obtained shows that there will be further degenerative changes in their left knee which is going to require additional surgical intervention. There is a real likelihood that, despite the interventions, their knee will continue to deteriorate and a full knee replacement will be required in the future, requiring a long period of rehab and care in between and following each operation.

In the course of securing key evidence to best support the claim, expert reports in the fields of employment, forensic accountancy, UK and USA care specialists, orthopaedic, neurology, neuropsychology, neuro psychiatry, accommodation, speech and language, physio and occupation therapy were obtained by OMM representatives.

Extensive work was also undertaken to support and prove all the past financial losses that had been incurred by the client’s father and family in best meeting the client’s needs post-accident, as well considering and providing for the financial and practical needs the client is going to require for the remainder of their life. The case was complicated by the client wanting to remain in the United States permanently. OMM representatives were therefore required to instruct American experts for their opinion to ensure compensation was secured to provide for the increased costs of care, treatment and medical insurance required in the United States.

There were many key challenges throughout the conduct of the claim which played a part in why the proceedings took so long to resolve. Throughout, our client and their father have demonstrated nothing but determination and perseverance to see the best outcome of the claim. The result was a great outcome for our client and involved a multi-faceted approach and close working relationship with an extensive disciplinary team of experts and professionals. Collaboration really was the key to seeing the best outcome for our client.

Emma Shotton, a member of our Litigation department, made the following statement:

“This settlement represents a significant outcome for our client, who has shown tremendous resilience throughout what has been an incredibly challenging period.

From the outset, our priority was to ensure that the client’s long-term needs were fully recognised and met. Through detailed evidence gathering and expert input, we were able to secure a settlement that provides financial security and access to the support and treatment our client requires for the future.

I am delighted to have helped achieve this result and secure a settlement that recognises the impact that this accident has had on our client’s life. It has been a privilege to work closely with the family and know that they have felt supported, listened to and cared for throughout one of the most difficult periods in their life. To me, the work that I do is so much more than a job, putting clients at the heart of everything I do, is what matters to me.“

Our client also commented saying:

“Our case has been with OMM for 20 years, from shortly after my wife was killed and our son almost killed in a motorway accident until we finally settled with the insurance company two weeks ago.  OMM was rock-solid throughout the whole ordeal.  Not only did they achieve a settlement exceeding my initial expectations, but they were a steady, consistent and calming presence in our lives.  At many points along the way when I was frustrated and angry with the insurance company and court rulings that prolonged the process, OMM solicitors were not just empathetic, but patient, considerate and thoughtful, and helped us stay the course and secure a future for my son full of possibilities not limitations.

The entire team at OMM, from Annie who answers the phone to Sheena who looks after our personal injury trust fund, exude a warmth and a care that I did not expect to find in a law office.  They’re not just good lawyers, they’re good people. While nothing can take away the pain and loss of the initial accident, and the time and energy consumed in the aftermath, Emma Shotton and David Turner (our OMM solicitors) worked tirelessly to help us make the best of a bad situation. My son and I will be grateful to them for the next 20 years and beyond.”

How we can help

The settlement brings the claim to a successful conclusion and ensures the client has access to the resources needed to support their long-term recovery and future wellbeing. The case demonstrates the importance of obtaining specialist legal advice following serious injury and complex negligence claims. Speak to our professional and experienced Litigation team today on 01525 378177 or email info@ommlaw.co.uk.