Grace was a 52-year-old health care manager who enjoyed regular caravan holidays and walking in the countryside with her husband and dogs.
In 2011, she was involved in a road traffic accident and suffered soft tissue injuries to her neck and lower back. The expected gradual improvement in her symptoms did not materialise and Grace experienced a steady deterioration in her condition. She underwent a raft of medical tests and investigations, including spells of hospitalisation, all of which failed to provide any answers.
“The insurance company made an early settlement
offer of £1,500 before increasing that to £2,500.
Despite the lack of any medical evidence, her solicitor
strongly suggested that she should consider accepting.”
Remarkably, even though Grace had instructed solicitors within a few weeks of the accident, no medical evidence was obtained for over three years. Her solicitor was entirely flummoxed by her condition and essentially put his head in the sand. The insurance company made an early settlement offer of £1,500 before increasing that to £2,500. Despite the lack of any medical evidence, her solicitor strongly suggested that she should consider accepting.
On the day before the expiry of the three-year ‘limitation period’, Grace’s solicitors at last issued court proceedings. This seemed to prompt them to obtain medical evidence and they instructed an orthopaedic surgeon. Grace was extremely unhappy with the report, which doubted her credibility. Incredibly, the solicitor concluded “that the best thing would be for her to calm down over the weekend and ring me on Monday”!
“Remarkably, even though Grace had instructed
solicitors within a few weeks of the accident,
no medical evidence was obtained for over three
years. Her solicitor was entirely flummoxed by
her condition and essentially put his head in the sand.”
That conversation prompted Grace to look for new solicitors. She telephoned BLB and we arranged to meet with her to review her case. It was striking how little progress had been made with her claim. Despite Grace having lost her job as a result of her continued incapacity she had received no interim payments and not a thought had been given to treatment. Grace decided to instruct us and an ‘action plan’ was agreed to move her claim forward.
Chronologies of her records were prepared and detailed witness statements taken from Grace, members of her family, her friends and some of her former colleagues. We instructed leading experts in pain medicine, neurology and psychiatry. The experts were in agreement that, entirely as a result of the accident, Grace had developed a form of somatic symptom disorder with a concurrent diagnosis of post-traumatic stress disorder and a major depressive disorder.
“Highly specialist inpatient treatment was recommended
at the Bath Centre for Pain Services at the Royal National
Hospital for Rheumatic Diseases. The cost of this course
of treatment was £16,000 and we arranged for the cost
to be met by the Defendant’s insurance company.”
A successful application to the court was made to rely upon these medical experts. Highly specialist inpatient treatment was recommended at the Bath Centre for Pain Services at the Royal National Hospital for Rheumatic Diseases. The cost of this course of treatment was £16,000 and we arranged for the cost to be met by the Defendant’s insurance company.
Following treatment, Grace was subsequently re-examined by the medical experts. There had been some improvement in her condition but the opinion of the experts was that there was little prospect of further improvement. A negotiated settlement of £436,00 was achieved.
You may be interested in following this link to an article about making Somatic Symptom Disorder compensation claims.