What did we do?

When Mrs W instructed Access Legal from Shoosmiths she had the benefit of a legal expense insurance policy. The policy was not sufficient to deal with the claim to its conclusion. We therefore agreed to take the case on a no- win-no-fee-basis.

Liability was initially contested, and court proceedings were brought against our client's partner and the local authority responsible for maintaining the road. Liability was eventually admitted in full by the motor insurer of Mrs W's partner.

The motor insurer made an initial offer of £500,000, which was rejected. Evidence was obtained from a variety of experts, including a spinal surgeon, oncologist, nursing expert, occupational therapist, accommodation expert, and physiotherapist following receipt of which we attended a settlement meeting.

Whilst it was not possible to reach a final settlement at the meeting, it led to a negotiated settlement being reached shortly thereafter.

What happened?

The accident occurred when Mrs W's partner was travelling at 30-35mph, along a 60mph B road, in wet weather. As our client's partner was travelling downhill and approaching a left hand bend, the car started to slip on the wet road surface and, despite steering to the left and applying the brakes, the car continued in a straight line and left the road to the offside.

The car then rolled down a sharp incline before coming to rest against a tree. There had been a number of previous accidents at the location.
We visited the client whilst she was still admitted to a spinal unit, and thereafter arranged rehabilitation support from a case manager. Interim payments were secured, which helped fund suitable accommodation for the client and equipment. 

The circumstances of the case meant that we had to deal with the issues of the case very sensitively, and the claim was complicated by the fact that our client had a pre-accident history of breast cancer.

During the course of the claim our private client department assisted our client by arranging for our client to enter into a personal injury trust to ensure that her compensation was protected following the settlement of her claim. 

Who dealt with the case?

The case was handled by Nichola Pitman, an associate in the personal injury department at Access Legal from Shoosmiths' Basingstoke office. Nichola is a solicitor who specialises in handling fatal and catastrophic injury claims, including complex orthopaedic injuries, spinal injuries, brain injuries and amputation claims. She is a member of the Law Society Personal Injury Panel, and an accredited member of the Association of Personal Injury Lawyers, and a trustee for Basingstoke Headway.

Client testimonial

"I was very happy and pleased my claim was handled by the whole team at Access Legal from Shoosmiths. Nichola kept my partner and I informed all the time. At times it was very hard for us, but Nichola was there to help us every step of the way.

"I was very pleased with the outcome and settlement, which was fair. From the day I had the accident until agreement was reached took just three years. I must say a big thank you to Access Legal from Shoosmiths and Nichola for all their support and help in this matter."

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