Seriously injured pedestrian receives compensation despite lack of witnesses

Seriously injured pedestrian receives compensation despite lack of witnesses

The male Claimant, 50 at settlement, was knocked over by a car late one night in August 2007 in Bishop Auckland. He suffered very serious injuries including a severe brain injury and multiple fractures which left him bed bound. There were no independent witnesses to the accident and the Claimant had no memories of it.

He had been drinking that evening and the driver and two passengers described him stepping out in front of the car at the last second. Another recognized firm of personal injury solicitors had previously been instructed but, supported by an advice from counsel, had, at length, rejected the case.

  • Category:Personal Injury Claim
  • Date:January 28, 2021
  • Client:Zarikos
  • Website:www.carinjurynj.com

  • About This Case

    CWJ were instructed in autumn 2008 on a Conditional Fee Agreement. Liability remained an issue throughout. The claim was valued at approximately £2 million on full value. After proceedings were issued, the defendant’s insurers initially offered £300,000.00.

    In June 2011 the matter settled for £800,000.00 which was approved in the Royal Court of Justice.

  • Challenge

    There are several challenges that a personal injury lawyer handling this case had faced ranging from proving liability - Without witnesses, it can be difficult to determine who was at fault for the accident, making it challenging to prove liability to Dealing with conflicting medical opinions: If multiple medical professionals have differing opinions on the nature and extent of the pedestrian's injuries, the lawyer must effectively navigate this conflicting evidence.

    • Proving liability
    • Gaining evidence
    • Overcoming insurance company defenses
    • Establishing the extent of injuries
    • Dealing with conflicting medical opinions
    • Emotional distress

  • Our Process

    • 1. Investigation

      The lawyer will conduct an investigation to gather all relevant information and evidence, including photographs of the scene, physical evidence, and any available surveillance footage.

    • 2. Liability determination

      The lawyer will analyze the evidence to determine who was at fault for the accident and establish a strong case for liability.

    • 3. Demand letter

      The lawyer will draft a demand letter to the responsible party's insurance company, outlining the details of the accident and the extent of the pedestrian's injuries and damages.

    • 4. Negotiations

      The lawyer will negotiate with the insurance company on behalf of the pedestrian to reach a settlement agreement. If a settlement cannot be reached, the lawyer may consider filing a lawsuit.

    • 5. Medical documentation

      The lawyer will gather medical documentation and records to support the extent of the pedestrian's injuries and the impact they have had on their life.

    • Presentation of evidence

      The lawyer will present the evidence and arguments in a compelling manner to support the pedestrian's case and maximize their chances of receiving fair compensation.

    • Trial

      If necessary, the case may go to trial, where the lawyer will represent the pedestrian in court and present their case to a judge or jury.

  • Result

    The claim was settled in March 2015 without the need for a Trial. The Claimant was awarded a total of £95,000 in damages.