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Posted on: 01 September 2012

£375,000 settlement in an RTA

Alexa Gorse and Sajjad Amin of our personal injury team recently conducted an interesting case that involved a member of a foreign military who had an RTA accident.

Liability was admitted at an early stage but quantum was far from straight forward. The accident involved a head on collision which resulted in some significant injuries for our client. The most serious of which were damage to the right shoulder joint and a tear to the ligaments of the right knee. Our client underwent extensive treatment and a number of operations to try and rectify ongoing symptoms. However, despite the treatment our client was left with permanent pain, discomfort, loss of movement and weakness in the right shoulder and knee joints.

As a result of his ongoing symptoms, our client failed his physical examination with his employers and he was permanently "grounded". For a person in this profession this could potentially have a significant impact on his career, future earning capacity and pension, even though our client could remain employed by the military as a grounded officer. Clearly there were going to be a substantial claim for future loss.

The Defendant disputed that the shoulder injury was caused by this accident and alleged that our client would have been grounded in any case due to the unrelated shoulder problem.

We therefore set about gathering further medical evidence to demonstrate that on the balance of probabilities the shoulder injury was caused by the accident and trying to gather information regarding our client's employment contract, salary and pension in order to try and calculate our client's future loss. However, our client's employer are notoriously secretive about providing such documentation. As such gathering the information required to make any future loss calculation proved challenging. After a number of meetings with our client to try and translate and understand his employer's handbook and finally receiving some correspondence from his employers advising us of his earnings and the potential effects on his pension, we were able to write to the Defendant and attempt to explain how our client's future loss may be calculated.

Based on the information and evidence we managed to obtain and following negotiations, we achieved a settlement for our client in the sum of £375,000.

For further information, please email Alexa Gorse on agorse@silverdalelaw.co.uk or Sajjad Amin on samin@silverdalelaw.co.uk or call them on 0161 740 0333