What happened:
Our client, a man of just 20, was riding his motorcycle at relatively low speed when a car emerged from a side road into his path causing a collision.
This led to the man suffering a number of serious orthopaedic injuries including fractures to his leg which required internal fixation. He also suffered a broken arm and fracture to the eye socket, a fractured thumb and a mild head injury. His most significant injury however was a spinal cord injury which left him with tetraplegia.
The victim was rehabilitated in a Spinal Injury unit where he remained for 11 months before eventually being discharged.
What went wrong:
The accident was caused by the driver of the car simply not seeing our client. Liability was admitted for the accident after we intimated the claim.
Impact on client:
The injuries were catastrophic and life changing. The Claimant was a young fit man and due to the momentary lapse of concentration of the other driver, is now confined to a wheelchair for life.
He requires lifelong care. His pre accident accommodation was unsuitable for a wheelchair user. We secured an interim payment sufficient to allow him to purchase and adapt single story accommodation that was suitable for his needs.
Expert evidence was obtained from a number of specialists to support and maximise the claim. These included expert reports from;
Because of his life changing impact of an injury of this nature, it is necessary to source expert reports for a whole host of experts to ensure that every head of loss is fully explored and claimed.
A claim of this nature has far reaching implications for not only the Claimant but their immediate family. A collaborative and pro-active approach is needed, recognising the significant challenges the Claimant faced. We always aim to work closely with all parties in a sensitive way recognising their vulnerabilities and challenges in dealing with the after effects of a tragic accident of this nature.
Legal outcome:
This case was settled after issue of Court Proceedings for a sum of £6.5m, but in addition with an award for “provisional damages” that allow the Claimant to re-open the case at a later date in the event he develops a specific form of deterioration related to his spinal injury and of which he was at a low but lifetime risk.
The settlement allows the Claimant the financial security he required to secure the lifelong care he will need, as well as the significant expense of wheelchairs and special equipment.