In May 2023, Barbara was in her car at a set of red traffic lights in Coventry when an oncoming VW Golf came through a red light and collided with her head-on. The force of the impact sent her car spinning into a fence.
Barbara, who was retired, had been in the driver’s seat. She fractured her right femur, left ankle, pelvis and ribs. She was taken to hospital and needed surgery on her leg, with an intramedullary nail inserted into her femur. A plate and screws were also used to fix her broken ankle. After the surgery, Barbara was on crutches, and her leg was in a plaster cast, then a boot. She later began physiotherapy on the NHS. However, she did not receive any occupational therapy.
The challenges Barbara faced after her accident
When discharged home, Barbara was keen to return to her previous fitness level, as she used to enjoy going to the gym five to six days a week. The problem she found, though, was that her gait was altered, and she found it difficult to bear weight on her injured leg. She also had pain in her hip, thigh and ankle. It was hoped that with the physiotherapy, she could achieve her previous level of fitness in 8 months. She was also anxious of driving past the accident site and did not do so.
Barbara lived alone, so she initially moved in with her mother, as it was on one level and had a wet room. When she went back home, she was able to cope but had to use her stairs one at a time. She also used a wheeled trolley to help move things around. Fortunately, family and friends were able to provide her with transport to appointments and take her out socially.
Initially, she found it difficult to put weight on her injured leg for long periods of time. Rough ground also aggravated her ankle pain. Poor movement in the injured knee meant she could not crouch or kneel. The hip and knee were also restricted, preventing her from bending to put on shoes or socks, so she had to sit down to put those on.
How we supported Barbara
We made early contact with the insurer of the other driver and got them to agree to engage in rehabilitation. This meant that we both agreed for an independent case manager to meet with Barbara and then write a thorough report on her immediate needs.
The insurer also made an early offer at the start of the claim of £42,500, but this was rejected because the evidence was unavailable to properly quantify her claim.
Outcome
In time, Barbara made reasonable progress, although she was at risk of needing ankle and hip surgery. After we had gathered expert medical and other evidence to support her claim, we began negotiations. The insurer now made an improved offer of £55,000, which was rejected as insufficient, and after negotiating, a settlement was finally agreed at £60,000. Barbara is determined not to be limited by her remaining restrictions and the settlement will help her to achieve that aim.
