Lower Back Injury Compensation Case Study
Rachel
We were contacted by Rachel who was very unhappy with her solicitors who, as she put it, “are not acting in my best interest”.
Rachel had been involved in a road traffic accident 2 years previously and had injured her lower back. In fact, within 6 months of the accident, her back symptoms had deteriorated to the point that her doctor had signed her off sick indefinitely. At the time of the accident she was 38 years old and had no previous history of back pain.
Her solicitors had initially obtained a medical report from a general practitioner through a third party agency. This report suggested that Rachel would make a “full recovery within 9 to 12 months”. After some considerable persuasion from Rachel, the solicitors eventually agreed to obtain a report from an orthopaedic surgeon. Again, they used a third party agency. At no stage did her solicitors obtain her medical or other relevant records and it transpired that the special interest of the orthopaedic surgeon instructed by the agency was elbow and shoulder surgery!
The orthopaedic surgeon was of the opinion that Rachel’s condition was “largely down to underlying factors rather than the road traffic accident”. He concluded that “I would normally have expected her to make a full recovery within a year at most of the accident.”
Rachel was understandably very unhappy, yet did not know what to do. We advised her that her claim required proper investigation. That would entail a thorough review of all relevant records and obtaining a report from a spinal surgeon. Subject to the opinion of the spinal surgeon, we would then be in a position to consider factors such as treatment, care and future employment.
We carefully explained to her the procedure involved if she decided to change solicitors. She was particularly relieved to hear that she would not have to contact them herself, as we would do that for her. In fact, most of our clients who come to us from other solicitors are surprised at how easy the process can be.
We suggested that Rachel should take a day or two to consider the matter before making a decision. We were delighted when Rachel called us the following day having decided to instruct us.
We obtained a very supportive report from a spinal surgeon. He recommended some treatment and rehabilitation which we were able to arrange privately for Rachel. Whilst not curative, this has helped her to manage her condition to the extent that she has been able to retrain and start a new career. After properly valuing her past and future losses, we were able to settle her claim for £105,000.
For a confidential and no obligation discussion about your case, please call us on 01225 462871.