Our serious injury solicitors helped Mark* in an emotional compensation claim that involved claiming against his own his partner after a serious road traffic accident.
In early December 2017, Mark was in the passenger seat of his partner Chris’ car without a seatbelt on. Their friends, Paul & Linda* were also sat in the back.
The couples had been to a birthday lunch and Chris was driving them home. The route home was a difficult drive with poor visibility along long narrow roads.
Chris was travelling at 40 mph when another car travelling at a similar speed appeared in front of them. With little time to react, both cars collided head on with each other.
The collision sadly had fatal consequences as Linda, who was sat in the back of the car, passed away at the scene. The collision also trapped Mark in the front passenger seat for an hour before the fire crew could eventually cut him free.
Mark’s right hip and pelvis had broken in the crash and he needed immediate medical attention. Once cut from the car, the paramedics rushed Mark to the local hospital where he immediately underwent surgery on his broken hip.
After his operations, medical staff transferred Mark to the hospital’s Intensive Care Unit. Despite Mark’s injuries, his partner, Chris, who was driving the car only sustained minor injuries to his foot.
After the crash, Chris faced prosecution for Linda’s death but was later found to be not guilty. The emotional turmoil of being in such a serious crash and then watching his partner go through a prosecution began to take its toll on Mark.
However, Mark began to make good progress in his physical recovery over the next few months.
While he was recovering, Mark contacted a local law firm to make a personal injury compensation claim. but became increasingly frustrated at their lack of progress. He then contacted Irwin Mitchell following a recommendation from a friend about our personal injury specialists. Road traffic collisions expert Jack Sales took over Mark’s claim.
Jack investigated the circumstances of the crash and who was at fault. He confirmed that he’d need to claim against Chris’ insurers rather than the other driver’s. Claiming against his own partner’s insurance made the process emotionally very difficult for Mark.
Jack's investigations included a full liability investigation with input from Chris' criminal hearing. Jack also gathered expert medical opinions and evidence.
This medical opinion was key for Mark’s case. The assessment highlighted the severity and impact of Mark’s injuries, including his future rehabilitation and physiotherapy needs.
The medical evidence also allowed Jack to prove that Mark would have still sustained similar injuries whether or not he was wearing a seatbelt. Without this detail, Mark may not have been able to claim as much compensation.
Jack submitted the compensation claim to Chris’ insurers and after some negotiation, they offered an early settlement and prevented the claim from having to go to court. This was a huge relief for Mark and his family.
Jack added, “Not only has Mark had to change solicitors for his claim but he’s also had to endure the emotional impact of one of the defendants being his partner. However, with this settlement Mark, can put the crash behind him. It also provides Mark with much needed financial security moving forward.”
If you feel your current solicitors aren’t supporting you properly, you might be able to change solicitor's. Contact us online or, call 0370 1500 100 .
*Not actual names used
Back to Client Stories
