It was a regular evening for a 64-year-old cleaner, heading home after work. Little did she know that within moments, her life would be completely turned upside down by a tragic road accident. Crossing the street on a green pedestrian light, she was struck by a large van. Injuries to her ribs, neck, back, and shoulders would leave her unable to work or return to her regular life. But with the help of State Law Group, she would eventually receive justice—and a significant $460,000 settlement.
Key Takeaways:
- Strategic Preparation Matters: Early engagement and comprehensive evidence gathering can make or break a case.
- Proactive Defence Against Insurer Tactics: Successfully countering contributory negligence claims helped secure a fair outcome.
- Life-Altering Results: With a $460,000 settlement, the client gained closure and financial stability.
The Accident: A Life Altered in Seconds
On 22 May 2022, our client was hit while crossing the road after the pedestrian light turned green. It was dark outside, and she was wearing dark clothing, making it more difficult for drivers to see her. The impact from the van caused severe injuries, leaving her disoriented and surrounded by bystanders as she waited for an ambulance.
Once at the hospital, she was diagnosed with rib fractures and injuries to her neck, back, and shoulders. The pain didn’t stop there—she also faced psychological trauma that left her scared of car travel, suffering from sleep disturbances, and highly sensitive to loud noises. Ordinary tasks like shopping or cooking became challenges, and she found herself needing help with daily chores.
Impact of the Injuries:
- Fractures to the left 5th to 7th ribs.
- Injuries to neck, back, shoulders, and left leg.
- Psychological trauma affecting daily life.
- Loss of work capacity, particularly in her job as a cleaner.
Her life was dramatically affected, and she found herself unable to return to work due to her injuries. But while the physical and emotional toll was severe, she had a team ready to fight on her behalf—State Law Group.
Challenges: Battling the Odds
At first glance, the case seemed like an uphill battle. At 64, our client was only three years away from retirement, which made it challenging to argue for a significant loss of earning capacity. Insurance companies might say, “She was going to stop working soon anyway.” But that wasn’t her plan. She intended to work as long as she could—until her health no longer permitted.
Challenges Faced:
- Client was close to retirement age, making it difficult to argue for loss of earnings.
- Potential for contributory negligence due to wearing dark clothing and crossing at night.
- Psychological and physical impact needed to be accounted for.
With a potentially shorter life expectancy than a younger claimant, her pain and suffering entitlements could also be limited. To complicate matters further, the insurance company could argue that she contributed to the accident by not keeping a proper lookout or walking into the vehicle’s path.
Strategy: Turning Challenges into Opportunities
This wasn’t going to be an easy case, but the team at State Law Group took a strategic approach. From the start, they knew that evidence was key, so they quickly gathered:
- Pre- and post-accident medical records.
- Independent medico-legal reports to assess her permanent impairment.
- Vocational assessments to show her capacity to work beyond retirement age.
- Detailed statements to counter any contributory negligence arguments.
By preparing for every possible angle the insurance company could take, State Law Group was able to successfully reduce the alleged contributory negligence to just 10%. This was a massive victory, as it protected our client’s claim and allowed her to focus on recovering from her injuries.
Key Legal Steps Taken:
- Obtained comprehensive medical and vocational reports.
- Addressed potential arguments about contributory negligence head-on.
- Engaged early to pre-empt insurer tactics.
Their methodical approach ensured that every possible detail was covered, and their early intervention helped secure a strong negotiating position.
Outcome: A Life-Changing Settlement
In the end, the case never went to court. After lengthy settlement discussions, the matter was resolved at an informal settlement conference, with a remarkable $460,000 compensation for our client. This financial support will help her regain some semblance of normalcy in life, offering closure on a traumatic chapter.
For a client who had been through so much physically, emotionally, and financially, this settlement represented far more than money—it was a turning point in her recovery and future wellbeing.
State Law Group: Standing By Your Side
At State Law Group, we don’t just focus on legal outcomes—we focus on people. We understand that behind every case is a person who is facing life-altering challenges. Our commitment to thorough preparation, compassionate representation, and strategic legal advice means that we fight to ensure every client gets the best possible result.
FAQs
- What is contributory negligence?
- Contributory negligence refers to the idea that the injured party may have partly caused or contributed to the accident. In this case, it was argued that wearing dark clothing at night might have made the client harder to see.
- How long does a personal injury claim take?
- This can vary. In our client’s case, the process took just over two years from the date of the accident to the final settlement.
- What types of compensation can I claim in a personal injury case?
- You can claim for loss of earnings, medical expenses, pain and suffering, and in some cases, psychological trauma or future care needs.
- Why should I hire a lawyer early after an accident?
- Hiring a lawyer early allows us to gather critical evidence, manage communications with the insurance company, and build a stronger case for you from the start.
- How do I know if I have a case?
- Contact us at State Law Group for a confidential assessment. We’ll review your situation and let you know the best course of action.
Ready to Take the Next Step?
If you or a loved one has been injured in an accident, don’t wait. Contact State Law Group today for a free consultation. With our expertise, you can focus on your recovery while we fight for the compensation you deserve. Let us help you navigate your journey to justice.
