On a day in January, Mick drove to work after he’d visited a friend in hospital. When leaving the motorway he saw a car ahead spin off the highway and down an embankment.
He pulled onto the hard shoulder, got out of his car and crossed the highway with a view to making sure the driver of the stricken vehicle was okay.
Mick stood off the side the highway, and was relieved to see that the sole occupant had managed to get out of the car and seemed unhurt.
At that moment, the driver of a second car approached at speed and lost control. This second car spun off the highway and, in doing so, struck Mick before going on to hit the first motorist.
The first motorist sustained fatal injuries. Mick sustained serious facial and lower limb fractures, which meant he needed a long spell in hospital undergoing numerous surgical procedures and rehabilitation.
Mick has permanent pain, restriction of movement, an inability to work or do much of what he enjoyed pre-accident, such as running or skiing.
An instinctive act of kindness and bravery had tragic, lifelong consequences for him.
Mick instructed Ben Priestley at Serious Injury Law to act on his behalf. Ben represented Mick at the inquest and it soon became apparent that the defendant was driving too quickly given the conditions and the hazard ahead.
Ben and the team gathered extensive evidence from expert sources to support Mick’s claim. They included:
- An orthopaedic specialist
- A maxillofacial consultant
- A neuropsychologist
- A dental surgeon
- A forensic accountant
We secured interim payments from the other side for Mick and funded his rehabilitation. His case became even more complex with the deportation of the defendant and the legal requirements to serve him with court papers given the motor insurer’s status as ‘Article 75 Insurers’ under the Motor Insurers’ Bureau Agreement.
The insurers adopted a very disappointing stance. Following the start of court proceedings, the solicitors acting for them indicated that they disputed liability.
To force the issue, we applied to have the question of liability considered by the court as a preliminary issue (an application for ‘Summary Judgment’).
Following this, the solicitors for the insurers reluctantly agreed to deal with Mick’s case. We persuaded them to attend a Joint Settlement Meeting where they made inadequate offers, which Mick rejected.
We continued with the litigation with a view to a judge assessing his damages, if necessary.
Mick received no less than five offers during the course of the litigation, the last of which was finally in line with what he should have expected to receive at court.
Finally, Mick accepted and he received a substantial six-figure sum, four times the level of compensation originally offered by the other side.
Solicitor’s comments
“As a result of Mick’s injuries, his ability to earn in the future was restricted. He will need a knee replacement in years to come and he is unable to do much of what he enjoyed doing before the accident.
Given that Mick was an innocent rescuer prepared to help another motorist who had lost control, it was disappointing that the insurers chose to dispute liability and then to make a series of offers that were wholly inadequate.
Robust and specialist representation by Serious Injury Law meant that Mick was able to achieve justice and appropriate damages that enable him to move on with his life.”
Mick’s comments
“Ben has the ability to be professional and sympathetic. He was informative and factual in a way that I could understand. I had every confidence in his advice.”
If you or someone you care about has experienced serious injuries like Mick, please contact us now to find out how we can help you.
