Compensation for Road Traffic Accident in Seville
Ms G was on holiday in Spain in July 2008 with her partner. On a day trip to Seville in a hired car their enjoyable holiday came to an abrupt end when another car drove into the rear of their vehicle. Ms G had been driving with her partner as front seat passenger. The vehicle left the road and came to rest in a ditch.
Ms G’s claim for damages, excluding costs, settled for £180,000.00.
She was delighted with the service and expertise of Lanyon Bowdler’s specialist accident abroad team:
“I would like to thank Lanyon Bowdler for their tireless hard work in bringing my injury claim to a successful conclusion.
"I would have no qualms in unreservedly recommending Lanyon Bowdler to anyone who has had a motor vehicle accident abroad and who wishes to pursue a claim.”
Ms G sustained serious injuries including a complex open fracture to the left ankle, closed head injury, laceration and soft tissue injury to the left groin, neurological injury to the right thigh and psychological consequences. She also had considerable scarring.
She was taken by ambulance to hospital in Seville where she underwent an operation to put metalwork into her ankle, fully awake having been given an epidural. The experience was terrifying, the hospital staff did not speak English, and in addition Spanish hospitals expect family members to provide care including washing and basic personal care. Ms G’s partner had to spend at lot of time by her bedside, at the same time making arrangements for her to travel back to the UK.
Once back in the UK Ms G was completely bed bound and confined to the upper floor of her two storey home. Her partner worked full time, so he was unable to care for her, and her father moved in with the couple in order to help out with personal care and practical jobs like shopping and housework.
Unfortunately, after five months or so she was rushed into hospital because the wires in the ankle had worked their way through her skin. She underwent bone graft surgery, and had three further operations up to January 2009. She was wheelchair bound for a year, required physiotherapy and hydrotherapy.
Ms G had a physically demanding job as a senior cabin crew member, and was unable to return to work until autumn 2009, which she managed with considerable difficulty, and only with extra assistance with household tasks to enable her to cope with her overall workload.
Ms G initially instructed a Spanish law firm then approached Lanyon Bowdler Solicitors, who advised that she had a right to issue proceedings in the Court of England and Wales, meaning that the assessment of the appropriate amount of compensation would be dealt with according to English Law.
The case was then issued at the Royal Courts of Justice in London, and Lanyon Bowdler continued to obtain evidence to support Ms G’s claim, including expert orthopaedic and psychological evidence, witness statements, and reports and documentation in connection with her claim for lost earnings and a need for care and assistance. Evidence was also required from experts in Spanish law as to the principles of recoverability of damages, interest and legal costs under Spanish law.
The insurance company for the other driver obtained their own evidence, and the matter proceeded towards a trial date in summer 2014.
However, the parties were able to engage in a joint meeting and reached an agreement as to an amount of damages, without the need to have a full trial on this issue.
This was a great outcome for the client ensuring that she was adequately compensated for her pain and suffering and able to fund necessary treatments and care required as a result of her injuries.