We’ve all heard of “no win, no fee” when it comes to personal injury claims for road traffic accidents, but “no impact, no injury”?
Sam Seaford, PI Solicitor acted for Mr Steve Emms, a man in his late 50s, who was involved in a single vehicle RTA. He was teaching a leaner driver how to drive a lorry. As they were proceeding along the road at about 10mph, the learner, without warning or instruction mistakenly applied the lorry’s airbrakes. The lorry stopped dead in an instant causing Mr Emms to be thrown violently forward in his seat and into his seatbelt.
The interesting part about this case was that the Lorry didn’t hit a single thing but that the forces involved when the airbrakes were applied were enough to cause injury. Mr Emms described this as if the lorry had “hit a brick wall”. Not something you might expect and certainly not something the defendant vehicles insurers were eager to accept.
Being a hardworking individual who had never claimed before, Mr Emms thought he would simply shrug off the pain he began to experience post-accident. He had no intention of making a personal injury claim. However, he was unable to do so and as time went on his pain got much worse. Ultimately, it transpired that he had suffered a prolapsed disc in his neck, necessitating surgery and which overall meant he was unable to return to work. Financially, things became difficult.
Sadly for Mr Emms, despite the lorry not hitting a thing, his injuries were severe and had a marked impact on his life. However, despite the claim being strongly defended on causation (the Defendant did not want to accept Mr Emms could have been so servery injured in the accident) Sam was able to secure him £170,000 in compensation so he could continue to provide for his family, remain in his family home and be financially secure long past his retirement age.
Like most of Sam’s clients, Mr Emms did not want to be involved in an accident and did not want to be injured. He certainly did not want to make a personal injury claim. He was a man who worked all his life and intended to work well past his retirement age so he could continue to provide for his family. Sadly, this accident intervened and turned his life upside down. It’s not just the injury that is so significant but also the ongoing impact it has on a person’s life and ability to work and earn. Sam was very pleased to work for Mr Emms and obtain the best compensation he could to help him and his family. Personally it was a satisfying but hard fought case but well worth the struggle to get Mr Emms back in a position he would have been but for the accident best we could.