Mr A, the Claimant, was a 14-year-old pedestrian crossing the road at a zebra crossing when he was hit by the Defendant’s car in 2020. The Defendant then failed to stop and instead left the accident scene. The Defendant was subsequently convicted for careless driving and failing to stop.
Mr A sustained a fracture to his right knee because of the accident which required surgery. He then had to wear a knee and leg brace and use crutches for 3 months after the accident. He needed physiotherapy for the rest of the year. He could not attend school for the first month after the accident and then required significant adjustments to continue his GCSE studies, and his injuries also affected his ability to work his part-time job. He also missed the opportunity to attend a 5-day school trip abroad and was unable to complete his Duke of Edinburgh award. Six years later, he continues to suffer from intermittent minor knee pain, slightly reduced movement range and clicking in the knee, as well as a permanent scar.
We were instructed in 2023 to bring a personal injury claim on his behalf. A Letter of Claim was sent to the Defendant’s insurer, but no substantial response was received for the next 10 months. Liability was not admitted until about two years later, despite the clear accident circumstances and the driver’s conviction. However, the Claimant’s solicitors used this time to obtain an orthopaedic expert report to support the claim. The Defendant made an initial settlement offer of £30,000 which was not accepted while further investigations took place to ascertain Mr A’s long-term prognosis. After further negotiations, the claim eventually settled for £85,000.
Raphaelle Davies comments on the case as follows:
“It was a pleasure to assist Mr A in relation to his personal injury claim, particularly to successfully recover more than double the amount initially offered by the insurance company. I am very pleased with the outcome of his claim and wish him all the best for the future – in particular that he does not have to contact us again!”