Road Traffic Accident

[juliebabe]

I am asking for advice regarding a road traffic accident. Almost two years ago some young idiot
drove his car into the back of my car, whilst I was stationary in a queue of traffic,writing my car off and also writing off the car i was shunted into.

Before this happened I had a perfect twenty-five year unbroken work record with a national employer.

Since this accident I have not worked. I have lost my job, and it seems unlikely that I will ever work again.

There are a firm of solicitors on the Wirrall that are dealing with my claim. They are suggesting that I allow
them to settle now in court for about £4000 plus up to two years loss of earnings.

I have been examined by a consultant for my insurance company. His report says that the problems that I am
currently experiencing are due to this accident, 'accelerating' injuries I sustained in a minor accident over
two years before.

The insurance doctor says that the symptoms that I have now I would have had anyway by now, even if I had never been involved in the
second accident.

I had only rarely seen a doctor relating to symptoms from the first accident, and had not lost any time at
work due to the first accident.

It may be true that I may have symptoms from the first accident that have now been accelerated
by the second accident. However how can any doctor say that now, nearly two years after the second accident, I would
have been completely unable to work anyway, soleley because of the first accident.

As things stand I can only receive up to two years loss of earnings. It is quite obvious that I would still be working now
if this second accident had never happened.

If I had not been involved in the second accident I would have been able to carry on working for at least another five
to ten years. This means I have lost all those years of future earnings, plus pension.

My solicitors say that if I do not accept his proposal I will have to pay to have further examinations and
try to get a second opinion or report that contradicts the original report. This accident has devastaed my life, I have
very little money and cannot afford this.

I have now received an assessment from a psychologist who has recommended I have at least 10 sessions of CBT for flashbacks
and the like. I have become very depressed because of all of this, for which I have also been assessed.

My case will soon be going to court. However the limit of damages for the kind injuries I have sustained is
around four thousand pounds. Seeing as I have lost my job and may never work again this seems very low.

Can I expect any substantial damages for the psychological damages and depresssion? Is there any chance that I
could receive compensation for future loss of earnings? What exactly can I claim for as expenses due to the problems my
injury has caused for the last two-and-a-half-years?

Any help would be greatly appreciated.

Thanks.

[Emma]

Moving to 'Road Users' Club.

[Chris Lodge]

Hi Juliebabe

First, I am very sorry to hear about your accident.

Unfortunately, the effect of earlier accidents or other elements of your medical history can often result in the medical experts suggesting that the problems from which you are suffering are not down to the accident in question, but have merely been "exaccerbated" by the accident.

Usually this would imply that even if the accident had not taken place you would have suffered from these symptoms sooner or later.

Most of us as we get older have underlying "pre-degenerative changes" about which we are completely unaware until revealed by an x-ray or other medical examination.

I can well understand your concerns but whilst each case must be looked at individually, your solicitor's advice may be very sound if the medical expert has proper grounds for reaching the conclusion you have described.

However, if it could be established that your future inability to work is solely the result of this accident, then your claim is likely o be worth more and it is worthwhile at least getting a second opinion from another special personal injury lawyer.

[Warwickshire PI]

Originally Posted by Chris Lodge

Hi Juliebabe

First, I am very sorry to hear about your accident.

Unfortunately, the effect of earlier accidents or other elements of your medical history can often result in the medical experts suggesting that the problems from which you are suffering are not down to the accident in question, but have merely been \"exaccerbated\" by the accident.

Usually this would imply that even if the accident had not taken place you would have suffered from these symptoms sooner or later.

Most of us as we get older have underlying \"pre-degenerative changes\" about which we are completely unaware until revealed by an x-ray or other medical examination.

I can well understand your concerns but whilst each case must be looked at individually, your solicitor's advice may be very sound if the medical expert has proper grounds for reaching the conclusion you have described.

However, if it could be established that your future inability to work is solely the result of this accident, then your claim is likely o be worth more and it is worthwhile at least getting a second opinion from another special personal injury lawyer.

There is some very good advice here, follow this through with a second opinion. I appreciate your frustration. A car accident effectively finished my police career. But when it comes to claiming for injuries incurred, I too had a pre-existing condition which negated any reasonable claim. But never say never to working again, it can be done, you just have to consider diferent options and stay positive.
Good luck.

Warwickshire PI