Background: Our client, a pedestrian, was knocked down by a taxi in Leeds in 2009, sustaining serious injuries including a brain injury. With no recollection of the accident, the facts were pieced together from the Police Accident report, CCTV footage, and witness statements.
Incident: An Accident Reconstruction expert concluded that the accident could have been avoided if the taxi driver had reacted sooner. Despite this, the Defendant denied liability, leading to a trial on the issue of liability.
Legal Proceedings: The trial at the Royal Courts of Justice resulted in a 60/40 split on contributory negligence in favour of our client. The Defendant sought to appeal, which was granted by the Court, and the case proceeded to the Court of Appeal. The Court of Appeal upheld the original decision and dismissed the Defendant’s appeal.
Challenges: The Defendant contested the management of our client’s damages, insisting on Court of Protection involvement, while our client’s family preferred a PI Trust. After further court hearings, a PI Trust was established.
Health Complications: Our client faced numerous health issues, delaying the claim’s progress. Interim damages were secured, allowing for the purchase of an adapted vehicle and other aids. Unfortunately, our client suffered further health setbacks and eventually passed away.
Settlement and Mediation: Following our client’s death, a legal argument ensued over the acceptance of an earlier monetary offer. To resolve all outstanding issues, mediation was suggested. On September 22, 2021, a settlement was reached, providing closure for our client’s family after 12 years of legal action.
