Sadie was a 24-year-old, self-employed beautician. In 2011, she was involved in a road traffic accident. As a result she sustained soft tissue injuries to her neck and the upper part of her back. About a month after the accident, her solicitors referred her through a medical agency who diagnosed her with ‘whiplash’ and advised that Sadie “should make a full recovery within six months”.
Based upon this report, her solicitors advised her to settle the claim. They received an offer of settlement of £1,750 from the other driver’s insurance company and suggested that she should accept it.
“Her solicitors received an offer of settlement
of £1,750 from the other driver’s insurance
company and suggested that she should accept it.”
However, rather than improving, Sadie’s symptoms had become considerably worse and, more worrying, she developed increasingly debilitating symptoms in other parts of her body. These included low back pain, frequent incapacitating bladder spasm with urinary urgency, daily headaches and bilateral leg and foot pain. Sadie’s walking tolerance was limited to ten minutes, sleeping was extremely difficult and even when she did sleep she awoke unrefreshed. Work was impossible and she described her life as “no more than an existence”.
Her solicitor expressed surprise at Sadie’s suggestion that her symptoms could be related to the accident and was reluctant to consider obtaining further, more specialist medical evidence. Sadie looked around for new solicitors and contacted us.
“We drafted detailed letters of instruction
to leading medical experts who agreed
that, as a result of the accident, Sadie
had developed fibromyalgia.”
We drafted detailed letters of instruction to leading medical experts who agreed that, as a result of the accident, Sadie had developed fibromyalgia. The experts were of the opinion that Sadie may benefit from attending an intensive, in-patient course of pain management and rehabilitation at the Bath Centre for Pain Services (BCPS). As Sadie was unable to work, we also obtained interim payments to keep her head above water financially.
Sadie remained in pain and after re-examining her, the medical experts agreed that this was likely to remain the case. However, overall her pain was less intense, even on bad days. In addition, her mobility had improved and her headaches were less frequent.
“Despite the modest improvement in
Sadie’s condition, a return to her previous
occupation was out of the question. Sadie
was, understandably, keen to find something
to occupy her time and very much to her credit
had started a small business on eBay.”
Despite the modest improvement in Sadie’s condition, a return to her previous occupation was out of the question. Sadie was, understandably, keen to find something to occupy her time and very much to her credit had started a small business on eBay, selling a selection of beauty products. However, her ongoing condition meant that she was not always capable of processing and packaging orders herself, having to rely upon help from her mother.
We instructed a forensic accountant to prepare earnings forecasts to compare Sadie’s likely earnings, past and future, in both her former and new occupation. This assisted us in ‘proving’ her claim for past and future lost earnings. Other heads of claim included damages for her injuries (damages for pain, suffering and loss of amenity), future care and ongoing treatment.