Mr J, the amateur athlete – award of nearly £200,000 to reflect change of lifestyle

The claimant was a pedestrian injured whilst out shopping and crossing a road at the mouth of a junction. A motorist didn’t see the claimant, whilst reversing into the junction, and the car knocked her down. It was a low speed impact but unfortunately, as the claimant fell, she struck her hip on the edge of the kerb & sustained a fracture which resulted in her undergoing a hip replacement operation.

A robust letter of claim was directed to the insurers for the motorist and an early admission of liability secured.

In conjunction with the motorists’ insurer, an agency was instructed to determine the client’s rehabilitation needs. The lady lives in a tall, Victorian-style, terraced house with several floors including an attic. Notwithstanding the hip replacement her mobility was not nearly as good as it was before the accident.

A damages settlement was agreed, without the need for court proceedings. What was also agreed as part of the settlement was that the motorist’s insurers would arrange and pay for the claimant to have a stairlift fitted in her home. Initially the insurers just wanted  torent the stairlift , but we persuaded them to buy it outright and let the lady keep it.

The claim was pursued with the benefit of a Conditional Fee agreement. As the lady’s legal costs were recovered in full from the insurers, the claim didn’t cost her a penny out of her damages – and she gained a stairlift.

Sometimes it’s not just about money. Even in a case of modest proportions, we can still look beyond the purely financial loss.

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Jonathan Stittle

Jonathan Stittle

Head of Personal injury

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Office: Sheffield