Seriously injured pedestrian receives compensation despite lack of witnesses

The male Claimant, 50 at settlement, was knocked over by a car late one night in August 2007 in Bishop Auckland. He suffered very serious injuries including a severe brain injury and multiple fractures which left him bed bound. There were no independent witnesses to the accident and the Claimant had no memories of it. He had been drinking that evening and the driver and two passengers described him stepping out in front of the car at the last second. Another recognised firm of personal injury solicitors had previously been instructed but, supported by an advice from counsel, had, at length, rejected the case.

CWJ were instructed in autumn 2008 on a Conditional Fee Agreement. Liability remained an issue throughout. The claim was valued at approximately £2 million on full value. After proceedings were issued, the defendant’s insurers initially offered £300,000.00 but in June 2011 the matter settled for £800,000.00 which was approved in the Royal Court of Justice.

The Defendant’s insurers accepted primary liability for the accident but alleged contributory negligence against the Claimant as they said he was not wearing a seatbelt at the time of the accident. The claim was settled in March 2015 without the need for a Trial. The Claimant was awarded a total of £95,000 in damages.