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£500,000 Settlement for Pedestrian who suffered a Brain Injury

30 Nov 2022

Alex Brown has achieved a substantial settlement for a client who suffered a brain injury because of a Road Traffic Accident, when he was struck by a car when crossing the road.

The Claim

Mr C was standing in the road, talking to a work colleague through the van window. Mr C finished his conversation and turned to cross back over the road towards his own van.

The Defendant was driving on the opposite side of the road when Mr C started to cross from the other side. As Mr C reached just past the centre of the road, he was struck by the Defendant’s car and his head hit the windscreen causing him a serious head injury.

The Defendant Insurer denied liability in full, saying that Mr C had not looked when crossing the road and that the Defendant could not have avoided the accident due to Mr C’s own actions.

Reconstruction evidence was obtained based on significant amounts of CCTV footage taken from surrounding buildings and from this evidence, the reconstruction evidence showed that the Defendant should have reacted and braked when Mr C started moving and had he done so, he would have stopped significantly before reaching Mr C and therefore would have avoided the accident meaning the Defendant was significantly at fault.

Thankfully, Mr C made a remarkable recovery from his injuries, with early rehabilitation being accessed and funded by the insurer, and had started to return to full time work 12 months after his accident although not quite at the same level he was before his accident.

The Compensation

The Parties then met for a settlement meeting where the Defendant made an offer of £500,000 even after a discount for contributory negligence (for Mr C not looking properly where he was going).

Mr C accepted the offer and was delighted with the outcome which has given himself, and his family, significant financial security into the future.

Alex Brown was assisted by barrister Rob Horner of Deka Chambers in achieving this outcome for Mr C and both acted under “No Win, No Fee” Agreements for the client.

If you or a loved one has been involved in a serious accident and need to speak with Alex Brown or one of the personal injury team, please call for a free, no obligation chat on 01273 249200.

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