Compensation for woman who had to be cut from car following collision

How can we help you?

Your enquiry will be reviewed with no obligation.

Compensation for woman who had to be cut from car following collision

2nd July 2012

An Essex woman who had to be cut from the wreckage of her car after a van drove into her at a crossroads, has received £85,000 in an out of court settlement.

Robert Synnott, a road traffic collisions specialist at Fentons Solicitors LLP, said the mother-of-three, who is in her 50s, had been left with a permanent shoulder injury following the incident which occurred more than four years ago.

“My client was approaching a junction near her home when she realised the traffic lights were not working,” said Robert, a solicitor with the firm. “After coming to a complete stop, she began to crawl forward using extra caution and travelling no faster than 5mph.

“All of a sudden, a van appeared to the left approaching at what she judged was at least 50mph. Yet despite how obvious it must have been that the traffic lights were out of order, the van driver made no attempt to stop or even slow down.

“Instead, he simply sped through the junction and collided with the front nearside of my client’s car,” added Robert. “She was shunted into the opposite lane, straight into the path of another oncoming vehicle whose driver was fortunately able to stop in time to avoid a second collision.”

The woman immediately felt severe pain in her face, arm and chest and began struggling to breathe. She was cut from her car and taken to hospital by ambulance, where she was found to have suffered a broken arm, rib and breastbone as well as deep cuts to her jaw and abdomen. After her facial injuries were treated, doctors decided that there was nothing they could do for her by way of surgery and she was discharged and advised to attend a fracture clinic at a later date.

“My client’s young son has special needs and prior to her accident, she was his main carer,” said Robert. “However, for the first couple of months following her return home, she was unable to care for her son and had to rely instead on her two daughters to look after him as well as for them to provide assistance with her own personal care and help with getting dressed and preparing meals.”

Despite nearly two years of extensive physiotherapy, the claimant continued to experience ongoing pain and stiffness in her arm and shoulder. Her discomfort was aggravated by any kind of pressure on her arm, which meant lifting or carrying anything heavy became almost impossible and made even sleeping extremely difficult. Following a scan, she was told the break in her arm was refusing to heal and as a result, she underwent surgery to have metalwork inserted below her shoulder.

Unfortunately, the operation failed to produce any significant improvement in function and she continued to feel symptoms ranging from a dull ache at the end of each day to a sharp and burning pain whenever she moved her arm or had her shoulder bumped.

“My client has had to endure an incredibly frustrating and protracted ordeal, during which time she has suffered considerable pain and discomfort as well as a host of post-traumatic stress disorder symptoms,” said Robert. “The pain and weakness in her left arm, which remains constantly present, restricts her ability to lift anything heavy and she has been left with permanently restricted movement around her shoulder. In addition, she suffers numbness and permanent scarring to her face.

“Despite the van driver having been found guilty of driving without due care and attention, his insurers tried offering my client a paltry sum in damages which we immediately rejected,” added Robert. “After presenting a wealth of medical evidence and illustrating just how much of a damaging effect her injuries have had upon her ability to move her arm freely and live a normal life, we were very glad to be able to settle her claim for a level of damages that reflected the seriousness of her injuries.”

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims relating to serious road accidents.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire