Pedestrian Injuries Claim

#1 2009-11-19 10:51:44
CJ

Guest

Pedestrian Injuries Claim

Hi,

My wife was run down by a motorist who failed to stop at the red light at a pedestrian crossing.  The police have advised that the motorist has been charged with careless driving and, as we live in Scotland, a report has been sent to the Procurator Fiscal.  I am under no doubt that given the circumstances and witnesses present, negligence will be proven.  However we are unsure if we require to take any action now which may assist in any compensation case in the future.

Notwithstanding the obvious shock and mental trauma that my wife has suffered, she also has a broken humerus in two places (which may still require surgery if it does not heal as hoped) and underwent knee surgery yesterday, which involved insertion of screws and plates in her knee.  She has been advised that it could take months before she is able to put any pressure on her leg and due to the arm injury is also unable to use crutches.  She will thus be almost completely immobile for some time (wheelchair borne for at least 4 weeks) and will require full time support.  The doctors reckon it could be a year before she will be fully recovered and attending the gym again.

If anyone could assist with advice it would be a great help.  We wish to understand the situation re the following;

- Is my wife entitled to claim for the damage and loss suffered to her personal effects (smashed spectacles, clothing, etc. etc., which amounts to almost Â?750)?  Who would this claim be against?  Would 'evidence' of loss be required, as the glasses and most of her clothing have gone?

- It it worth us pursuing a compensation claim for the injuries and 'pain and suffering'?  If it is likely to be only a few hundred quid then we may not bother however if it is potentially a few thousand then may consider it.  Does anyone have any experience/ advice of value of such a claim?

- Given that negligence is likely to be easily demonstrated, should we pursue any claim through our family solicitor or through a specialist 'no win no fee' claims company?  What cut do these guys normally take? Are they more likely though to maximise any claim?

I do appreciate that this is a long question and would be very grateful of anyone who is willing to take the time to reply.

Many thanks.

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