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Woman suffered traumatic brain injury and fractures after being knocked down whilst out shopping
50 year old Louise was out shopping when she crossed the road but didn’t realise that the green filter light was lit for cars to turn right.
She was knocked down and suffered serious injuries including a traumatic brain injury and severe fractures to her arms and legs. She was taken to hospital by ambulance where she underwent brain surgery.
The incident was caught on the shopping centre’s CCTV which suggested that the driver was driving too fast and should have seen her. However, the Defendant didn’t admit any liability for the accident and investigations revealed he was not insured and had disappeared.
As a result our firm made a claim to the Motor Insurers Bureau (MIB) under the Uninsured Driver Scheme.
Despite the difficulties in the case, and the argument that Louise was partially to blame, we were able to secure a very substantial lump sum award with the option to return to the MIB for additional damages should her epilepsy become any worse.
Louise still suffers terribly from her injuries. As well as the epilepsy, her severe brain damage resulted in a significant change in her personality. She was previously very outgoing and confident but now is irritable, lacks self-motivation and suffers from depression. She has constant headaches and has difficulty walking.
The award removed some of her stress and worry and she will also have access to the necessary therapies and rehabilitation she needs to assist her to get her life back on track.
Rachel Rees acted for Louise and commented:
The MIB fought this case very hard and never admitted liability. We responded by investigating in great detail the CCTV footage, which helped us establish the driver should have seen our client and stopped before the collision. Despite their denial of liability, we persuaded the MIB to fund four years of rehabilitation and, after two settlement meetings, their offer was increased by 50% which was extremely satisfying as my client could then start to put the awful experience behind her.