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Damages for client after defendant enters roundabout without giving way

08 June 2009

The defendant entered a roundabout without giving way to the right, causing a collision with our client who was already on the roundabout.

What we did

We obtained an admission of liability from the third party insurers early on in the case, and proceeded to obtain medical evidence to support our client’s injuries.

There was also a dispute over outstanding hire charges, which Shoosmiths eventually recovered on behalf of our client’s insurance company.

Background

We obtained medical evidence to support our client’s injuries claim. The first report confirmed our client suffered from injuries to her neck and shoulder, plus shock, anxiety and sleep disturbance.

The expert was unable to give a final prognosis period on when she would be fully recovered, and recommended she has an X-ray on her neck. As a result, Shoosmiths organised the client’s X-ray via a medical agency, and arranged a further medical report in order to finalise medical evidence.

The supplemental report confirmed that her shoulder injury was an exacerbation of a previous condition. The third party offered £3,200 for her injuries, which we advised was reasonable.

We also had to recover outstanding hire charges, as the claimant’s insurance company and the third party could not agree the number of days for which it was reasonable to claim. Shoosmiths relied on recent case law to support the claimant’s insurance claim, and obtained a successful settlement.

Case handler

This case was handled Maria Taibi, a solicitor with four years experience in the Personal Injury department, in Basingstoke. Maria specialises in road traffic accident, public liability, and accidents at work claims.

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