Our client was involved in a serious road traffic accident whilst having a disagreement with her boyfriend in a roadside layby. She was in a distressed state following the disagreement and ran over a grassed verge towards the road.

The Defendant driver saw her running across the verge but, despite this failed to slow down causing a serious collision with our client. The Claimant sustained a number of significant injuries including Traumatic Brain Injury, orthopaedic and psychological injuries. At the start that the family were informed by the police that this was a ‘pure accident’ and there was nothing they could do. SJP Law spent time with the family to understand the case and agreed to help.

Our client lacked capacity due to the injuries sustained, so her mother acted as a litigation friend.

Liability was firmly denied by the Defendant and proceedings were issued. SJP Law requested that the Court proceed to a liability only trial to ensure cost effective case management and the Defendant agreed.

The Defendant initially refused to agree to the use of Accident Reconstruction experts, but SJP Law considered this a key element in the case management and fought hard to ensure the Court ordered in the Claimant’s favour. Just prior to the exchange of Accident Reconstruction expert evidence, the Defendant suggested a Joint Settlement Meeting and indicated that they would be seeking to discuss a monetary settlement, not just liability.

SJP Law therefore instructed a range of relevant experts on quantum, undertaking these steps quickly ensured the Claimant had the best possible chance of resolution. Leading counsel was instructed to represent the Claimant at the Joint Settlement Meeting.

Settlement terms were agreed subject to approval by the Court, given the Claimant’s brain injury had left her lacking capacity for such decisions.

This case was significant in that the Defendant alleged the Claimant had run deliberately into the road. The way the litigation was handled led to the eventual conclusion of these allegations together with providing the Claimant with compensation to rebuild her life. This was an excellent compromise outcome from where liability was fully disputed to a successful high value settlement.

SJP Law was able to utilise its significant experience from previous cases and applied this to establish primary liability on a split basis which had been tried and tested in Court in the Case of Wormald v Ahmed. SJP Law stood firm in making sure expert disciplines in case management hearings were presented, giving the best possible evidence to assist the Court’s decision.