A man has received £45,000 compensation after seeing his wife knocked over left him with serious psychological problems, including PTSD and chronic depressive disorder.

The claim

Mr V saw his wife, Mrs P, knocked over by a car outside the family home. As a result of the accident, Mrs P suffered a severe brain injury which has confined her to a wheelchair and rendered her in need of round the clock care. Mr V made a claim with JMW on his wife’s behalf, but also found himself suffering from psychological symptoms. He therefore asked JMW Solicitors to pursue a claim regarding his own suffering, and Andrew Lilley, partner, handled his case.

The case

As a witness to the extremely traumatic event of seeing his wife knocked over and severely injured, Mr V exhibited symptoms of Post Traumatic Stress Disorder (PTSD). Andrew therefore requested Mr V’s medical records and arranged for him to be examined by an independent Consultant Psychiatrist who would be able to provide an independent prognosis on his psychological state.

Gathering evidence

Andrew also asked Mr V to provide us with a statement outlining that he had seen the accident and how this and his wife's subsequent medical problems had affected him. Mr V noted in his statement that he felt he always needed to be around to help calm Mrs P down if she suffered distress and that he felt mentally and physically exhausted in caring for her. Mr V also told us he had regular episodes of crying, flashbacks, feelings of depression and worry, worries about the future and occasionally found himself drinking heavily.

At this stage, as Mr V’s case was approaching the date where it must either be settled or in the Court process, Andrew issued protective Court proceedings. We received the medical report back from the Consultant Psychiatrist, who confirmed that Mr V was indeed suffering from PTSD and Chronic Depressive Disorder, as a result of his wife’s continuing medical condition.

Resolving the claim

Mr V’s claim was served to the defendant’s solicitor, who responded with an offer to settle his claim. After consideration, Andrew advised that this offer was lower than he should expect to receive and advised Mr V to reject the offer, which he did.

Andrew and the defendant’s solicitor undertook a negotiation process where Andrew was ultimately able to agree a settlement of £45,000 on Mr V’s behalf. Mr V felt this was a fair settlement and was very grateful to Andrew for his assistance in settling his claim, as well as his wife’s claim.

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