Compensation for Road Traffic Accident Victim with a Twist

Posted on April 6, 2021

The circumstances of the claim are that Mrs Keast a 76 year old retired lady was travelling on public transport on her way to Oldham Town Centre in November 2014. She had boarded the bus and sat in one of the front seats. Whilst travelling through a junction another vehicle turned right across their path and a collision occurred.

The claimant was thrown from her seat suffering injury to her left leg. She was transferred by ambulance to the local hospital where a diagnosis of internal bleeding and possible compartment syndrome was made. Her left leg was swollen around the calf muscle and she was detained overnight due to the risk of blood clots. The next morning she was allowed home with Cocodamol and Paracetamol to return if any problems arose.

She continued to have internal bleeding down her left thigh and into her lower leg. By the Sunday following the accident which occurred on a Friday she was having pain in her lower back. She was advised to keep her leg elevated and required help and assistance from her partner.

Her symptoms failed to settle as she returned to the Accident and Emergency Department on 14 November 2014 due to swelling and pain in her leg. On this visit she was told that there was a fracture and her lower leg was placed in a plaster cast and she was referred to the Fracture Clinic. On examination in the fracture clinic she was told that she either had a very tiny fracture or it was an old injury and the plaster cast was removed. She then developed severe pain and returned to hospital on 29 November 2014 when she was informed that she may have to have surgery due to probable bleeding in the calf as there may have been infection or possible blood clot.

A subsequent scan showed a DVT and she was commenced on medication. She was in constant pain for 12 weeks during which time the Claimant was having regular treatment for the blood clot. She had extensive bruising from the knee down the whole of the left leg and into the foot with pain in the side of the calf around the ankle and to the back of the leg. As a result of the blood clot she had to wear support stockings for 24 months which had a detrimental effect on her being able to wear skirts and dresses. As a result of the accident the Claimant became agitated and anxious and had a fear of travelling on buses.

From what had started as a rather minor road traffic accident being thrown from her seat and hitting her leg against a barrier the claimant was left with constant pain in her lower left leg which was associated with chronic regional pain syndrome. Following negotiations with the Defendant Insurers compensation was agreed in the sum of £38,000 to include pain and suffering and her loss of amenity as well as her requirements for help around the home with hanging washing, ironing and changing curtains. She also required help with shopping on a weekly basis.

At the end of the case Mrs Keast thanked Pearson Solicitors and Financial Advisers for their help and empathy throughout 3 years of the claim having been referred by a family member. She commented when approaching a solicitor her requirements were to be respected. She found that the service provided made her feel at ease, it was easy to talk to Mr Ian Wolstenhulme and understand the situation with everything being explained clearly. She said her case was dealt with in a professional manner and she appreciated the work that was carried out.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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