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The claimant, Mr N*, instructed Boyes Turner's specialist road traffic accident lawyers to act for him in a claim for damages for personal injuries sustained when he was hit by a Volkswagen Touran, driven by the defendant, which crashed through the shopfront of the White Stuff clothing sore in Stratford-upon-Avon. Mr N was sat in front of the shop window inside the store when the defendant crashed through the front display window into him.

Mr N was one of many people injured in the accident but, despite overwhelming evidence that the defendant driver was at fault, the defendant insurers took some time to admit liability. This was in part due to the police initially failing to prosecute the driver, a decision later overturned due to public outcry.

Mr N sustained multiple fractures to his leg, post-traumatic stress as a result of the distressing circumstances of the accident and urological injuries. He underwent surgery to fix the fracture and had an external fixator on his leg. The fractures healed but he has been left with a stiff deformed ankle. He has limited mobility and has developed osteo-arthritis of the ankle. It is likely that he will undergo further surgery by way of fusion of the ankle.

Whilst Mr N was an inpatient he went into acute urinary retention and was catheterised. Following two further catheters he had to undergo an endoscopic resection of the prostate as a result of the injuries caused by the accident. He has continuing problems with erectile function. He also experienced post-traumatic stress disorder which was severe together with an adjustment disorder and depressed mood.

We instructed a number of experts namely orthopaedic, urologist, psychiatric and an orthotist. Due to the deformity of his ankle, we obtained a report from an Orthotist who reported that Mr N would benefit from an orthosis and modular footwear to accommodate the deformity. We obtained £20,000 by way of interim payment in order that he could purchase the necessary footwear immediately rather than wait for settlement of his claim.

Following the admission of liability the defendant insurers initially made an offer to settle the claim in Mr N's case in the sum of £75,000 which we rejected.

His special damages claim (financial losses and expenses incurred as a direct result of the accident) included approximately £10,000 for past care and assistance provided by his wife, £2,000 gardening assistance required as he was unable to carry this out himself, £1,000 travelling expenses to and from hospital and £500 for replacement of clothing damaged in the accident.

He also claimed for past medical costs of £7,000 including urological surgery and physiotherapy, £25,000 for future care and assistance, £8,000 for future physiotherapy, £8,000 for future surgery, £30,000 for cost of modular footwear on an ongoing basis, £5,000 for future assistance with DIY and gardening, £8,000 for hire of a golf buggy that he would not have required had the accident not occurred and miscellaneous items.

The defendants increased their offer from £75,000 to £125,000 and following further negotiations the claim finally settled in the sum of £150,000.

* Names have been changed to protect client privacy.