Runner hit by driver secures 13 times more compensation

Man out running

“I was out on my normal morning run when a gentleman jumped a junction. I hit his bonnet and went flying into the air a few metres and was lying dazed at the side of the road.”

The driver was badly shaken and put his hands up, offering to drive our client to the hospital. Our client was informed at the hospital that he had a broken shoulder joint which would need surgery. This involved a steel bolt to put it back together and help the healing process, which was nine months.

During this time, he needed to go to physiotherapy and do exercises to rebuild his strength, but the surgeon said it would never return to 100%.

“To start with, I wasn’t going to bother making a claim, but I had no idea how widely it would affect me every day.

“It was months of painful everyday life. I couldn’t sleep and there wasn’t a fat lot I could do, I was essentially one handed and everything took twice as long and certain things like gardening were totally off limits.

“Until you have to go through it, you don’t realise how difficult things will be and costs you need to pay when it was something you weren’t at fault for.”

Catriona Headley, Associate solicitor in our Edinburgh office, took on the case.

“It was relatively straightforward. I came into the Edinburgh office and spoke with Catriona and she clearly explained what I was signing up for.”

Car insurer admits liability – and makes low offer

The defending car insurers admitted liability for the accident and made an offer of £1,000 to settle the injury case – before any medical evidence had been collected.

This was an attempt by the insurer to settle the case for far less that what was owed to the client. Without medical evidence, it is impossible to determine the future implications of his injuries.

“I was really impressed with the service, I knew things were happening and I was always kept in the loop.

“When it came to numbers on the table, Catriona gave me sound advice about my options and likely outcomes so I could make an informed decision.”

Expert legal advice results in 13 times more compensation

Our Edinburgh office lodged a pursuer’s offer for £13,500 to settle the case, before the case was due to be heard in court.

This essentially meant that if the defending solicitors failed to accept this offer within a reasonable period of time and the court then awarded a settlement at the same level or more than the pursuer’s offer, then the defending solicitors would suffer financial penalties as they could have settled the case sooner.

Less than a week later, the defending solicitors accepted the pursuer’s offer, formally settling and concluding the case at £13,500 – over 13 times more than the first offer.

“I was more than happy with the outcome. I had no expectations at the start and Catriona gave me an estimate based on what happened to me and her experience and the final settlement was slightly more than this.

“My advice to others would be to at least have the conversation about making a claim if you’ve been hurt. I’m not the type to make a fuss and I initially thought just get on with it but I didn’t know how much of an impact it would have or know how long it would go on for.

“I would say get medical advice and speak to a specialist solicitor before making a decision on whether to go ahead.”

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