Enable Law client Ross* was involved in a road traffic accident that resulted in serious, long‑term injuries. His claim was initially significantly undervalued, with an offer made far below what it was truly worth.
When the case came to Enable Law, our lawyers, Eleanor Armstrong and James Wood, took over and promptly arranged a conference with specialist counsel to review the evidence and assess the defendant’s Part 36 offer. It quickly became clear that Ross’s case had far greater potential.
A neurologist was instructed, and the resulting report confirmed that the accident had caused serious and ongoing neurological injury. This evidence became central to understanding the true and lasting impact of the collision on Ross’s life.
An accident that changed everything
Ross was travelling as a front‑seat passenger in a work van on the way to site when the collision occurred. Another vehicle stopped suddenly, the driver braked hard, and the van struck the car in front. Ross was thrown forward, hitting his head against the windscreen.
He experienced immediate and severe pain in his neck and back. For around ten minutes, he was unable to move his arms or legs and believed he was paralysed – an utterly terrifying experience. Although he did not lose consciousness, he was left with persistent neurological symptoms affecting his mobility and sensation.
Despite attending hospital, answers were slow to come. Ross continued to suffer with pain, numbness, and difficulty moving, leaving him deeply worried about what was happening to his body.
Surgery and long‑term consequences
Further investigations revealed serious problems in Ross’s cervical spine. He was referred to a neurosurgeon who advised that surgery was necessary to prevent further deterioration.
Ross underwent emergency neck surgery, fully aware of the risks involved, including the possibility of paralysis or worsening symptoms. While the operation was successful in relieving some symptoms, he was told that recovery would take 12–18 months and that he would be left with permanent, life‑long effects.
The physical impact of the accident was profound. Just as damaging, however, was the emotional toll of losing the ability to work and live the active life he had always enjoyed.
Complex medical and legal challenges
Enable Law senior associate James Wood took on Ross’s case, which was legally and medically complex. He was not wearing a seatbelt at the time of the accident, exposing him to arguments of contributory negligence and a potential reduction in compensation. The defendant also sought to rely on Ross’s pre‑existing spinal condition to challenge causation.
These issues required careful management and strong expert evidence to demonstrate how the accident had significantly worsened Ross’s condition, leaving him with permanent limitations. His role had been physically demanding and hands‑on, involving heavy lifting and the use of tools and machinery. Following the accident and subsequent surgery, Ross was no longer able to return to this type of work.
His employment history added further complexity. While Ross worked full time in a labouring role, he also undertook agency work when available. Establishing his loss of earnings therefore required detailed and careful analysis. James assessed not only Ross’s earnings at the time of the accident, but what he would realistically have gone on to earn had the collision not occurred, including whether he would have been able to work through to retirement despite any pre‑existing conditions.
A powerful schedule of loss and a turning point
By bringing together detailed medical evidence and a clear assessment of Ross’s future working capacity, James prepared a strong and comprehensive schedule of loss. This reflected the reality that Ross’s ability to earn a living had been taken away from him.
Ross also had ongoing care needs at home. His wife had taken on a significant caring role, supporting him day‑to‑day as he adjusted to life after the accident. Ensuring this support was properly recognised was an essential part of the claim.
Faced with the strength of the evidence, the defendant moved to settle the claim. A substantially increased offer was made, representing a significant improvement on the original undervalued proposal and a strong outcome, particularly in light of the arguments raised around contributory negligence.
Clear communication when it mattered most
Throughout the case, James communicated directly and personally with Ross. Complex legal and medical issues were explained clearly and patiently, ensuring Ross always understood what was happening and why.
At a time when his life felt uncertain and overwhelming, being supported with clarity, compassion, and consistency made a real difference.
Looking to the future
The compensation secured will help Ross rebuild his life. It provides financial security for his lost earning capacity and ensures that the care and support he needs can continue, easing the pressure on both him and his wife.
Ross was very happy with the result, saying:
“I have nothing but good things to say, my experience has been brilliant. Eleanor Armstrong and James Wood were amazingly supportive through everything. Enable Law made everything a lot easier and helped to make the process stress free.”
Ross’s case is a powerful reminder of how quickly life can change, and how vital it is to have the right legal team fighting for a fair and meaningful outcome.
How Enable Law can help you
At Enable Law, we understand how overwhelming life can feel after a serious road traffic accident, particularly when injuries affect your ability to work and live independently. Ross’s case demonstrates how the right legal support can make a meaningful difference, even where liability is disputed and the issues are complex.
If you have been involved in a road traffic accident that was not your fault we may be able to help you. Give us a call on 0800 044 8488 or fill in our contact form so a member of our team can call you back at a time convenient for you.
*name has been changed.
