As a result BR suffered serious injuries including fractures to the orbital sockets of his right eye, right cheek and nose as well as a head injury. He subsequently underwent surgery by way of nose straightening but made a remarkable recovery returning to his job as a head-hunter within three weeks. The injuries led to permanent facial scarring leading to loss of self esteem and depression.
There were difficulties in tracing the driver who had changed his address and similarly, difficulties in locating his insurers who initially denied all knowledge but subsequently accepted that the driver was validly insured.
The driver underwent a safety driver’s course in lieu of prosecution which is akin to a conviction for careless driving but it was anticipated that his insurers might raise issues of contributory negligence.
Our personal injury experts, sought medical reports from a craniofacial/plastic reconstruction surgeon as well as a psychologist. Pending receipt of those reports suggests the drivers insurers made a Part 36 Offer of £25,000 (this can have adverse costs consequences to a client if they fail to “beat the offer” by securing a higher award of damages at trial) which could have put BR at risk on costs had there been a finding of contributory negligence.
The medical reports were received and disclosed along with a counter Part 36 Offer (this can similarly have adverse costs consequences to the insurers along with the risk of higher damages/ interest payable) of £42,500 (net of CRU) which was accepted by the insurers and the case settled on that basis together with payment of BR’s legal costs.
Mr BR said:
"I was grateful for Fieldfisher’s diligence, attention to detail and strategic acumen with which he handled all aspects of my case. I felt I was in safe hands from the moment I stepped into the office to the day I received the settlement."