Million pound plus settlement for road accident victim

Harrowells' specialist clinical negligence and catastrophic injury team (CNCI) have recently successfully concluded a claim on behalf of a woman who suffered multiple serious injuries in a road traffic accident in France in 2010. The claimant accepted damages in excess of £1 million following a negotiated settlement of the claim.

The claimant who had been living and working in France at the time of the accident suffered serious injuries to her head, spine, pelvis and ribs. She required a sustained period of in-patient treatment in France.  In order to aid her recovery, the claimant  subsequently returned to the UK where she could be closer to family and support networks.

Following her return to England the claimant instructed Kim Daniells of the CNCI Team in connection with a claim for compensation arising from the injuries sustained in the accident.

Contact was established with the defendant driver’s insurers and their UK representatives.

Initially liability for the accident was disputed. Subsequently the defendants proposed that liability for the accident should be shared between the parties. Following investigation of the accident circumstances and after establishing French law in relation to liability on such issues the claimant was advised not to make any concessions. Eventually the defendant’s insurers conceded full liability for the accident.

As the accident had happened in France but that the claimant was now domiciled in England it was submitted that she should have the right to bring the claim through the Courts of England & Wales directly against the insurer. The law of France would still apply to substantive issues including the time limitations on bringing the claim. The law of England and Wales  would apply to procedural issues such as recovery of legal costs.

As liability was not in dispute and because the claimant’s condition had stabilised, a Round Table Meeting was arranged. At the time of that meeting, and after discussion between the parties, the Claimant accepted a very substantial award of damages in excess of £1 million in full and final settlement of the claim.

Speaking of the settlement Kim Daniells of the CNCI Team said, “Claims involving different jurisdictions are necessarily complex. Matters were further complicated in this case by the fact that the defendants initially contested liability. I am pleased that we were able to resolve the matter to the claimant’s satisfaction and without the need for any formal Court Hearing. It is a tribute to the claimant in this matter that despite suffering life changing injuries she has defied all expectations and has gone on to make a good recovery. We are delighted that the claimant is now able to plan a future with some degree of financial security.”