Successful claim following career altering RTA

James Gleisner successfully concluded a road traffic accident case.

The Brief

Mr T was injured when he was in his motor vehicle on a motorway, in a queue of traffic, and the vehicle approaching from behind failed to stop and hit him in the rear at approximately 60mph.

Mr T initially just assumed severe muscular pain in his neck and was dealing with the insurance company for the Defendant directly who offered Mr T £10,000 to settle his case. However it became clear that the case would be significantly more complex than first thought and that this offer was not enough and so Mr T sought legal advice from us.

What our lawyers did to help

James Gleisner sought to obtain the medical records for Mr T to include treatment he had already received and following investigations it became clear that Mr T had two different types of injury to his neck, one muscular and one neurological with both equally severe. Mr T was required to have a discectomy to replace a disc is neck and he was also recommended to have a spinal cord stimulator implanted which would help to relieve the pain and make day to day life easier.

Mr T was seeing a pain consultant for treatment as well as two other consultants. One who had performed the discectomy and the other who was looking to perform the surgery to implant the spinal cord stimulator.

However, Mr T was also very highly qualified in his field of work but had been informed that, due to his injuries, he would no longer be able to continue with the career that he was passionate about and loved. This affected Mr T’s mental health as he had to come to terms with a change of career and not doing something he was so passionate about which just added to the physical symptoms he was already experiencing. It also added a further element to his case in terms of a reduction in his salary and earning capacity going forward.

A pain consultant; a spinal surgeon; and a psychiatrist were all instructed by James Gleisner to provide medical evidence on the injuries sustained by Mr T as well as engaging with a highly experienced barrister.

The evidence sought and provided showed just how bad the injuries were and, with the change in career and future loss of earnings taken into account as well as the payments obtained during the case for treatment to be obtained as the case went on, the final settlement reached for Mr T was in the region of £405,000.
Although court proceedings had been initiated in this case, the settlement was reached without the need for the case to go to trial.

This shows the importance of seeking legal advice as the insurance company had initially sought to settle this case for substantially less than it ended up settling for.