When doubts persist as to where blame for an accident lies, obtaining compensation in full for those who are injured can be an almost impossible task. Even in such difficult cases, however, specialist personal injury lawyers are adept at winning substantial sums for their clients.
The point was made by the case of a middle-aged woman who suffered catastrophic brain injuries when she was run down by a car as she crossed a street late at night. The accident left her incapable of managing her own affairs and in need of 24-hour care. Proceedings were launched on her behalf against the motorist’s insurers, valuing her claim at up to £4 million.
The insurers insisted that the motorist was in no way responsible for the collision. The accident happened just before midnight and the street was unusually dark due to a broken street lamp. Expert accident reconstruction evidence also indicated that the driver was travelling at only about 30mph. That denial of liability, however, did not prevent the woman’s lawyers from cutting the Gordian knot and negotiating a £500,000 settlement of her claim.
In approving the settlement, the High Court acknowledged that there was a real risk that the motorist would have been ruled blameless had the case gone to trial. In that event, the woman would have been left empty-handed. Although the compromise figure did not approach full compensation, she would at least receive a significant sum of money to help pay for her care.
