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Mr L, from Washington, was driving along a main road when he slowed down due to what he thought was mist ahead in the road. It was actually smoke from a heavy goods vehicle which had broken down in the road and caught fire.
Mr L struck the vehicle before he could take any evasive action. Immediately after, another vehicle collided into the back of Mr Lowden’s car.
As a result of the accident, Mr L sustained multiple fractures and a head injury.
His injuries were so severe, he was unable to work and experienced financial difficulties.
The claim was pursued against the insurers of the heavy goods vehicle. They initially denied responsibility on the basis that Mr. L simply collided with the rear of the stationary HGV.
Despite the denial, we remained of the opinion that there were sufficient prospects of success and instructed medical experts to examine our client to consider the nature and extent of the injuries he sustained.
Due to the extensive and complex physical and psychological injuries, it was necessary for our team to instruct experts in six different disciplines.
At the time of the accident, Mr L was working as an architect and had completed his degree, masters and two parts of his final chartered qualification. As a result of the injuries sustained, he was at a substantial disadvantage on the open labour market.
The insurers acting on behalf of the HGV driver admitted primary responsibility for the accident, however, they considered our client’s actions had contributed towards the collision. These were disputed.
To progress the claim it was necessary to begin court proceedings against both the driver of the HGV and the vehicle that collided with our client.
Offers were put forward, by HGV drivers insurers, for the sum of £263,000. This sum was not considered to be sufficient, taking into consideration the extent of the Mr. L’s injuries and potential lost earnings.
The matter proceeded to a joint settlement meeting where the legal team at Browell Smith and Co were able to procure the sum of £350,000 and the withdrawal of allegations that Mr L was in some way responsible for the accident.
As well as compensation for his injuries, this sum reflected past and future losses, together with medical treatment and other expenses incurred as a result of the accident. This resulted in an award just short of £100,000 greater than that previously offered by the opponents.
Mr L had approached Browell Smith & Co because of our excellent reputation and we didn’t let him down.
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