Serious car accident with sad story

frog61

Hi all
Just thought to come on here and ask for advice.
Somewhat a sad story, so appreciate any help and thoughts.
I am after advice on what questions to be asking a solicitor in regards to getting as much compensation for my mother in law as possible.


My mother in law had a car accident a while ago, another driver did not see her on a straight B road, smashing into mothers car (writing it off) whilst sustaining only whiplash for the other driver.
My mother in law sustained, broke ankle, head trauma, her stomach was pierced and her colon spiller out onto floor,mashed has a plate size opening in her stomach from seat belt impaling her, serious upper and lower body brusing and cuts. She was in a coma for 5 weeks and at one point was given 40% chance to survive all injuries. During her coma about a dozen surgeries were undertaken to work on her abdomen and colon and try and repair her stomach, all of which has thus far been marginally successfully, tho she remains with an open. Stomach (after now more than 2 months in hospital), waiting for her strength to recover and have probable skin grafts done.
Ankle now out of cast and seems fine, stomach is major injury now.

Doctors have advised she wouldn't be out until at the very least November time, so expecting to be in hospital for at least 6 months possible 7 or 8.
Obvious side effects are ptsd, phantom pains, head aches, whiplash aches, ankle pains etc.

Now the sad bit, her husband has stage 4 cancer and was given 2 months to live back in March, now in July, he is days away from dying. This accident has meant my mother in law is unable to spend the final few weeks with him, not to mention the 5 weeks of being in a coma.
This is their lost time, he will die whilst she is still in hospital.

In addition, my wife and I have had a child during to time, (whilst mother in law was in coma), so again she has missed out on this experience and won't get any time apart from odd hospital visit we make with baby.

The lady who crashed into her has admitted fault, police were called and were present on the scene, having to call an air ambulance. There were 2 witnesses as well. I understand the police are considering charging the at drive for dangerous driving causing serious injury.
Thankfully, mother in law insurance company has legal cover and we are meeting the designated solicitor later in the week.

Any advice or thoughts on what we should be asking.

My first thoughts are.
Loss of earnings for time lost now and in the future as she will be disfigured and unable to perform her normal (semi-manual) job.
Car was written off so I suspect this will be compensated.
Travel expenses for her husband and myself and wife
Because of the extend of injuries sustained I suspect the compensation payouts would be significant ?

Would this be correct ?

Can anyone advise anything I should be asking or making note of or have missed?


Thanks in advance.

Crazy_Jamie

You do not need to ask about this on an internet forum at this stage (or, arguably, ever). Your solicitor will guide you through all of this. Though in an attempt to give you something, I'll just note down some more information about the process.

Broadly speaking damages are split into two categories; general damages and special damages. General damages are for the injuries themselves, and specifically the pain, suffering and loss of amenity that the injuries have caused. Those injuries will be assessed through the obtaining of one or more expert reports, which will provide both a diagnosis and prognosis in relation to the injuries for the court. Valuation is based on a combination of the Judicial College Guidelines, which provide brackets for different injuries, case law, which can provide more specific valuations, and experience, which your solicitor should have plenty of.

Special damages are out of pocket expenses; tangible losses that you can prove. Loss of earnings is a main one, both for the earnings that she has actually lost, and potential future loss of earnings. If the injuries have caused permanent disability that can be reflected in the award. Equally any repeated future losses, such as having to buy certain medical items every so often for a prolonged period, or for life, can also be reflected.

On a practical note it is a good idea to keep a record of out of pocket expenses as you go along, anything from medication, parking, care that you provide to your mother, and so on. This will be useful for the solicitor further down the line.

This is not necessarily going to be a quick process, as personal injury claims can take some time to settle or resolve even with more straightforward cases. Chances are your mother will have to be some way down the road to recovery before a settlement can be achieved here, and indeed focusing on her recovery should always be the priority over the claim itself, so do be prepared for a lengthy process. But as I say, this all falls within the category of things that your solicitor will talk to you about.

Beyond that, I just wish you all the best in managing and getting through what is clearly an exceptionally difficult time at the moment.