SIGNIFICANT ANKLE FRACTURE
Case study published on: 12th November 2020
Our client had been cycling along a main road when a van pulled straight out of a side road colliding into her.
As a result of the accident, our client suffered a significant fracture to her ankle, fractured toes and psychological injuries. The fracture to her ankle required surgery within the same week of the accident and an extensive course of physiotherapy thereafter, the costs of which were included as part of the claim and funded by the defendant’s insurer.
Liability was originally denied by the defendant’s insurer as the driver claimed he had been stationary for 3-4 minutes before being struck by our client. Rebekah Watson, personal injury solicitor was clear, following her investigations, that her client would not have sustained the injuries she did if she had ridden into the van. After further investigation and discussions with the insurer, they agreed to handle the claim on a Without Prejudice Basis – this means the defendant has not admitted that they are liable to pay anything and if the matter proceeded to Court, the Judge must not know about the offer. It does mean, however, they were willing to settle the claim and pay compensation.
Although the defendant’s insurer made an outright denial of liability, settlement was achieved with negotiation.
Damages awarded: £30,000