Whilst using a pedestrian crossing in a supermarket car park, Alice was hit by a car, causing a severe degloving injury to her foot and ankle.  A degloving injury is a traumatic injury that results in the top layers of skin and tissue being torn away from the underlying muscle, connective tissue or bone.

She also suffered multiple fractures that required surgery, external fixation and skin grafts.

Alice, in her late 70s at the time of the incident, was her husbands’ main carer, and her injuries meant she was unable to provide this care.  She lost a lot of mobility and independence and became nervous about leaving the house.

Instructing a solicitor

Alice instructed one of Major Trauma Group’s network of law firms to represent her in a claim against the driver of the car that had hit her.  Contact was made with the driver’s insurance company who instructed solicitors to act on their behalf.  Liability was initially denied, with the driver of the car claiming that a mechanical fault had caused them to lose control of the car.  However, tests carried out on the car, by an independent vehicle investigator, as well as the police, failed to identify any mechanical fault with the vehicle.

As the claim progressed, funding was obtained under the Rehabilitation Code 2015, a set of guidelines designed to facilitate the early intervention and rehabilitation of individuals who have suffered injuries in personal injury cases, and this enabled a case manager to be instructed to carry out an Immediate Needs Assessment. 

Immediate Needs Assessment (INA)

An INA allows professionals to gain a thorough understanding of an individual’s injuries and how these are impacting their life.  It acts as a guide as to what support and rehabilitation is necessary so that this can be put in place as early as possible to assist recovery.

In Alice’s case, the INA identified a need for physiotherapy and psychological support as well as daily visits from a rehabilitation assistant to help Alice with her exercises and daily tasks.  Some minor housing adaptations were also needed and specialist equipment purchased to ensure her home environment was safe. 

The claims process

Once all evidence relating to the incident was collated, and medical records and reports obtained, our member firm set about negotiating a settlement with the car drivers’ insurers to ensure that Alice was correctly compensated for her injuries and had funds to cover ongoing rehabilitation and care requirements.

The matter was settled without the need to attend Court and will ensure that Alice receives help around the house and garden, as well as additional specialist equipment she needs to help with her mobility.

Time limits

When suffering injury in an accident that was not your fault, its important to remember that time limits apply.  In general, this is three years from the date of injury, but there are exceptions to this.  If injury has been sustained in an unprovoked attack, claims are brought via the Government’s Criminal Injuries Compensation Scheme, where a two-year time limit applies.  For children, the three-year time limit commences on their 18^th birthday, meaning they have until their 21^st birthday in which to commence a claim. For people who do not have mental capacity, there is no time limit, although if capacity is regained, the 3-year time limit commences.

We always advise that it is best to speak to a lawyer as soon as possible after the injury has been sustained.

Funding your claim

Our network of lawyers are generally able to offer to work under a conditional fee agreement (commonly referred to as a no win no fee agreement). In broad terms this means that if your case is unsuccessful, you will not be liable for your solicitors’ fees.  When contacting a solicitor for the first time, they should discuss in easy-to-understand terms how your claim can be funded, circumstances where you may become liable for legal fees, and disbursements which may be payable by you.

Get in touch

If you would like a free no obligation chat with a solicitor who specialises in serious injury claims, please contact us via email (hello@majortraumagroup.co.uk) or telephone 0330 311 2578.