I recently acted for Mr B, a bus driver who sustained significant internal injuries when his bus was hit head on by a another bus approaching from the other direction whose driver had fallen asleep at the wheel.
Mr B's cab was crushed. On being extracted from the vehicle by the fire brigade he was taken immediately to hospital where he underwent a laparotomy for a small bowel resection and anastomosis, a partial omentectomy and repair a tear of the wall of his large intestine.
Mr B's symptoms failed to settle as he recovered. His abdomen remained painful and he suffered from distension. His 25 inch scar across his abdomen was also very tender and he struggled to wear a seat beat.
I obtained medical reports from:
- a specialist abdominal surgeon. He concluded that Mr B's discomfort was likely to be related to post-operative internal adhesions. There was no treatment that could improve these symptoms and in the expert's opinion, his symptoms would be likely to continue long-term.
- an expert plastic surgeon to report on the scarring. The expert considered the pain caused by the scarring could be improved by treatment. The cost of the same was included in the claim.
- a psychiatric expert. Often with these accidents, psychological injury goes hand in hand with physical injury and Mr B had also developed PTSD as a result of the accident. The expert recommended treatment, and the cost of the same was included in my client's claim.
Mr B had struggled to return to work due to his symptoms and the expert abdominal surgeon considered that our client would not be able to return to work in the long term. However, over time he managed to return to work on a part time basis. This was not expected, and it is a credit to my client and his employers that they were able to find a workable solution. Mr B very much enjoyed his job as a bus driver, and it was a source of sadness to him that he may not have been able to return.
In any event, Mr B had sustained significant and long-lasting injuries that would continue to be intrusive in the future. His past financial losses were fairly extensive as he was unable to work for the best part of a year following his accident, and he was also entitled to recover compensation for the care that had been provided by friends and family members (and to his disabled son for whom he shared care with his wife). He was also at risk of needing further surgery in the future. These costs, together with the treatment costs outlined by the experts, were included in his claim.
Unfortunately, despite my efforts, the Defendant's insurers would not engage meaningfully with the claim. However, once solicitors took over conduct, they made a good offer in terms of settlement and, following negotiations, my client received just under £175, 000 in full and final settlement of his claim.
The settlement enabled him to access the recommended treatment and alleviate the financial difficulties caused by being unable to return to work on a full time basis. Throughout the process Mr B was an extremely positive individual despite the injuries he had sustained, and he was happy that by drawing the claim to a conclusion he could move forward with his life. It was a pleasure to act for him.
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