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Case Study: Catastrophic Injuries Sustained in Road Traffic Accident

Mrs Smith was a 52 year old Housewife, who suffered catastrophic injuries in a head on road traffic accident in 2012.

Her injuries included:-

• Comminuted displaced fracture of the left tibia and fibula;
• Compound and displaced fracture of the right tibia;
• Severe injury to the left brachial plexus;
• Multiple fractures of left upper 9 ribs with flail chest;
• Fractures of thoracic and lumbar spine;
• Dislocation of left clavicle.

As a result of the injuries sustained in the accident, the Claimant’s mobility was severely restricted and her primary care needs had to be met by a live-in Carer and an additional day Carer; both were provided on a commercial basis, 24 hours a day. She required professional Case Management, Occupational Therapy and Physiotherapy, which would be required for the remainder of her life.

At the time of the accident, she lived in a 2 storey, 4 bedroomed semi-detached house. Unfortunately, due to the nature of the injuries, she was unable to return to her property and it was clear that she would require adapted alternative bungalow accommodation. Her transport requirement was also for an adapted motor vehicle.

Medico-legal evidence was obtained from the following Consultants:-

• Orthopaedic Surgeon;
• Neurologist;
• Psychiatrist;
• Cardiothoracic Surgeon;
• Dental Surgeon.

Additional forensic expert evidence was obtained from:-

• Occupational Therapist;
• Nursing Care Expert;
• Accommodation Expert;
• Consultant Physician (in respect of life expectancy).

The Defendant’s Solicitors who provided a general extension on limitation, obtained their own medico-legal evidence.

The parties engaged at a Joint Settlement Meeting and both parties were represented by Queen’s Counsel and Junior Counsel. Settlement was reached in the sum of £2,300,000.00 plus costs.

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