Interim payments for injured family after early issue of court proceedings
In late December 2019 a family of three were involved in a horrific road traffic collision on a dual carriageway.
Posted on 12 August 2020
Mr B was driving, Mrs B and their daughter were passengers in the car. As they were driving along the dual carriageway, another car travelling the other way drove across the central reservation, onto the wrong side of the road and crashed into them at high speed.
A second driver was involved in the crash. He pulled out onto the dual carriageway into the path of the first driver, which may have caused the first driver to lose control and crash into the family’s car.
Mr B and Mrs B both lost consciousness in the crash and can’t remember what happened. Their young daughter saw them being cut from the car by the fire service. Criminal charges are being brought against one of the other drivers and the police investigation continues.
Following the collision, all three family members were transported to Leeds General Infirmary to receive treatment for their injuries. Mr & Mrs B had major surgery. Their daughter was discharged just before Christmas but Mr & Mrs B both remained in Hospital. This meant their daughter had to spend Christmas away from her parents.
The family continue to suffer from their injuries. Mrs B has only just begun a phased return to work, but she needs further treatment and surgery. Mr B still struggles with his mobility and requires more major surgery to his ankle. Mr B has not been able to return to work as a self-employed electrician since the crash. Their daughter continues to experience ongoing psychological symptoms and needs further treatment.
We sent letters of claim to both defendant drivers involved in the crash. They both denied liability and blamed each other for what happened.
The family have received limited treatment since the crash. They each need further private treatment to help them recover from their injuries. They are also in financial difficulty as Mr B is still not able to work.
As the family were injured by no fault of their own, they are entitled to private rehabilitation to help them recover. We requested funding for rehabilitation from the Defendants numerous times. Both defendants refused to pay. They also refused to provide interim payments to help the family with their living expenses.
Despite the very early stage of the family’s claims, we issued court proceedings against both defendants. This meant we could make an application to the court to force the defendants to make interim payments.
After serving court proceedings, the defendants finally agreed to make interim payments to each family member. This means they can now have the private treatment they urgently need.
Mrs B said:
“The crash really turned our life upside down. We are all still struggling with our injuries and need treatment and surgery to help us recover. There is still a long way to go but I’m pleased we can now focus on our rehabilitation. The interim payments also help ease the financial pressure we have suffered as Mr B still can’t work.”
Leigh Day solicitor David Preston, who represents the family, said:
“I am delighted that Mr & Mrs B and their daughter have now received their interim payments. It’s been a long hard fight to get here but they can now pay for the treatment they badly need to speed up their recoveries.”