Executive Summary
Following a rear-end road traffic collision, our client experienced a significant deterioration in their health, leading to widespread physical symptoms, hearing difficulties, psychological distress, chronic pain complications and substantial disruption to their employment and daily life.
The case was particularly challenging due to extensive pre-existing medical conditions and complex causation issues that were strongly disputed by the insurer.
The team at Major Trauma Lawyers coordinated a detailed investigation involving multiple medical experts across several disciplines, including orthopaedics, rheumatology, psychology, ENT surgery and spinal neurosurgery. Through comprehensive evidence gathering, careful case management and strategic negotiation, we successfully challenged attempts to minimise the claim and secured a settlement significantly above the insurer’s original valuation.
The outcome provided meaningful compensation for the client while avoiding the risks, delays and uncertainty of lengthy court proceedings.
Client Challenge
Our client was involved in a road traffic collision while travelling as a passenger in a stationary vehicle that was struck from the rear. Following the incident, they developed a range of symptoms including neck pain, upper limb symptoms, hearing difficulties, dizziness, chronic pain exacerbation and psychological distress.
The case was complicated by substantial pre-existing medical conditions, including fibromyalgia, chronic pain syndrome, anxiety, depression, lymphoedema and previous spinal complaints. The insurer disputed the extent to which the collision caused or contributed to our client’s ongoing symptoms and argued that many of their difficulties were attributable to their underlying medical history.
As the case progressed, our client remained unable to return to employment and required assistance with daily activities, creating financial pressure and significant uncertainty regarding the future.
Our Approach
Recognising the complexity of the medical and legal issues involved, we adopted a multidisciplinary approach.
Key actions included:
- Obtaining and reviewing extensive GP, hospital, DWP, employment and specialist medical records.
- Instructing multiple independent medical experts to assess different aspects of our client’s injuries and losses.
- Securing expert evidence from:
- Orthopaedic Surgery
- Rheumatology
- Clinical Psychology
- ENT Surgery
- Spinal Neurosurgery
- Investigating hearing loss, tinnitus, balance problems, psychological symptoms, chronic pain, spinal symptoms and functional limitations.
- Quantifying complex losses including loss of earnings, care and assistance, treatment recommendations, hearing aid requirements and future rehabilitation needs.
- Challenging the insurer’s attempts to minimise the value of the claim based on low vehicle damage and pre-existing health conditions.
- Maintaining settlement negotiations while preparing for court proceedings where necessary.
Key Evidence and Findings
The evidence demonstrated that the collision resulted in significant injury and deterioration in our client’s condition despite a complicated medical background.
Notable findings included:
- An orthopaedic expert identified injuries consistent with a whiplash-type mechanism and recommended further specialist investigation.
- A rheumatology expert concluded that the collision exacerbated our client’s pre-existing fibromyalgia and chronic pain syndrome for up to 30 months and supported accident-related absence from work for 18 months.
- A psychological expert diagnosed Adjustment Disorder with depressed mood and anxiety associated with our client’s pain, hearing difficulties, disability and reduced quality of life.
- ENT evidence supported accident-related dizziness, tinnitus, hearing difficulties and acceleration of the need for hearing aids.
- Spinal neurosurgical evidence confirmed that the collision aggravated spinal symptoms and contributed to our client’s need for specialist treatment and surgery, while also identifying additional shoulder-related issues requiring further orthopaedic review.
- Medical evidence confirmed that our client, who had previously managed to maintain multiple jobs and an active lifestyle, experienced a dramatic decline in function after the accident.
Outcome
Despite the insurer repeatedly disputing causation and relying heavily upon our client’s extensive medical history, our team successfully built a compelling body of evidence demonstrating that the accident materially contributed to our client’s ongoing difficulties.
The insurer initially offered significantly lower settlement figures and sought to challenge many aspects of the claim. Through persistence, comprehensive evidence gathering and strategic negotiation, we secured a final settlement.
The settlement enabled our client to conclude the claim without the stress, delay, uncertainty and litigation risk associated with a contested trial, while achieving a substantially improved outcome compared with the insurer’s earlier position.
