Case Studies: Personal Injury

£87,500.00 Settlement for Psychological Injuries

O’Reilly Stewart were instructed to investigate injuries sustained by our client following road traffic accident in March 2017. Dionne Darragh acted in this case.

Our client was the driver of her vehicle. The third party did not give way to our client’s vehicle and failed to stop, causing the collision. Liability was admitted by the third party insurer, but quantum was disputed so High Court proceedings were issued to progress the claim.

Our client sustained soft tissue injuries to her neck, back, wrist and knee but her main concern was the psychological injuries. We instructed independent assessment and the expert concluded that our client was suffering from driving related phobic anxiety, prolonged depressive adjustment reaction and a depressive episode of moderate intensity. Our client required Counselling and we negotiated a Counselling care package with the Defendant’s Solicitors to expedite recovery. Our client continued however to complain of low mood, poor appetite, poor concentration, sleep disturbance and disinclination to meet people.

Unfortunately, due to the nature of the complaints, our client was unable to return to work. She tried, unsuccessfully a phased return, but due to the injuries, this was not practicable.

The Defendant’s Solicitors were keen to explore settlement in advance of any Hearing. Our client was keen facilitate this, as she did not want to go to Court due to her ongoing complaints.

It was accepted by all parties that the rehabilitation package offered by the Defendant was of great benefit throughout the proceedings. It is important to consider treatment packages, whilst progressing any claim.

Negotiations continued. The physical soft tissue injuries were agreed in the range of £12,500-£15,000. The psychological injury was accepted as the most significant aspect of the claim and considering the severity of same, and the prolonged recovery, all in settlement was agreed in the sum of £87,500, plus CRU and Counselling costs.

Client testimonial –

“Dionne was exceptional in her advice always and kept me informed at all times with great courtesy and respect. I really appreciated her time in putting up with my impatience! Thanks once again and for looking out for me and making that your priority. I couldn’t have asked for a better Solicitor or outcome!”

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