Fighting for a better outcome for newly injured people

Our client had been swimming with her children and nephew and was waiting with them at a bus stop. While they were standing there, a van mounted the pavement and crashed into the shelter. It struck those waiting and pinned our client against the glass.

The consequences for the family were devastating. Our client suffered serious injuries, her son was injured and her nephew was fatally injured at the scene. The incident caused trauma across the family.

Following the collision, our client was taken by ambulance to a Major Trauma Centre. She had multiple injuries, including serious lower limb fractures that required surgery. She also required spinal surgery and treatment for an exacerbated pain condition and post-traumatic stress disorder.

After leaving hospital, she could not move around independently. She needed significant help with personal care, transfers and everyday tasks.

Before the collision, our client had been a stay-at-home mother and the primary carer for her children, two of whom have additional needs. She also provided extensive informal support to her adult daughter, who had a brain injury. Following the collision, her mother became her full-time carer, while her husband took responsibility for most childcare and household duties.

The driver disputed responsibility, arguing that an act of automatism had caused a momentary and unexpected loss of control. The case went to a criminal trial, where a jury found him guilty of causing our client serious injury by dangerous driving.

Matthew, Olivia and our specialists stood by our client during the criminal proceedings while also pursuing a claim against the defendant. During the claim, funding was secured for rehabilitation alongside interim payments to support our client’s recovery.

Our lawyers worked closely with our client and her family from an early stage. The priority was to make sure she could access appropriate rehabilitation and financial support while gathering the expert medical evidence needed to understand the long-term effects of her injuries.

The claim involved several complex issues. These included our client’s ongoing care needs, psychological injury and pain condition, as well as the wider impact of her injuries on family life. Once responsibility for the collision had been established, the focus moved towards securing appropriate compensation.

The insurer took a combative approach to the claim and meaningful settlement discussions did not initially take place. Our specialists continued building the evidence and prepared the case fully for trial.

As the case moved towards trial, the insurer agreed to attend a Joint Settlement Meeting. This is a meeting where the parties come together to try to negotiate an agreement without the case having to be decided at trial. The insurer initially made low offers before beginning to engage more constructively.

Negotiations were supported by Matthew, Olivia and the wider legal team. They secured a six-figure settlement for our client.

Reflecting on the claim our client said: “The service I received from Matthew Claxson and Olivia Smith was great. They kept me up to date with everything and was always there for any questions I had. They were also warm and considerate to me and my family. I was very happy with the final outcome of my claim and would refer them to anyone in a similar situation I was in.”

The settlement gave our client valuable financial security and meant she could focus on her ongoing recovery and her family’s wellbeing following an extremely difficult period. It also meant she did not have to face the additional strain of prolonged court proceedings.

The claim concluded without further expert examinations or court hearings. Reaching an agreement through the settlement process avoided the uncertainty, delay and additional stress that a trial could have brought.

Matthew said:

“The settlement was achieved without the need for further expert examinations or court hearings and brought the litigation to a successful conclusion. This provided an opportunity to explore settlement in a constructive, face-to-face environment and avoid the uncertainty, delay and additional stress of a trial. I am pleased to have secured a good outcome for our client despite the adversarial approach by the insurer.” Matthew Claxson, Partner, Personal Injury

This case shows why early rehabilitation, careful preparation and appropriate use of alternative dispute resolution can matter in a serious injury claim. For our client, the legal process was not simply about reaching a financial settlement. It helped secure rehabilitation and interim financial support while her claim was ongoing, before providing greater financial security at its conclusion.

If you or someone close to you has suffered a serious injury, our specialist personal injury solicitors can help you understand your options and what happens next.