Oakwood Solicitors were instructed to handle a personal injury claim by Mr W to help him recover compensation following a serious motorcycle road traffic accident that he had been involved in September 2010
Mr W, was a very competent rider, and during his morning commute a car pulled across his path, he hit the car and was unfortunately knocked unconscious on impact with the road.
As a result of the accident, Mr W sustained very serious injuries, which included:
- Brain injury
- Skill fractures
- Loss of speech
- A very severe fracture in his hand
- Associated symptoms of post traumatic stress and anxiety
Obviously a claim was initiated against the other driver (who left the scene but was tracked down by witness statements), and the insurers dealing with the claim didn’t initially admitted their client’s liability; they did suggest that our client was riding over the speed limit and wasn’t wearing his helmet correctly (although this couldn’t be determined in any investigation); our client did accept 77.5% split to help speed up the claim.
The extent of Mr W’s injuries was so severe that it was impossible for us to quantify the claim for some time (it’s dangerous for us to agree settlement until the full extent of the injuries and future treatment needed is known).
The Road Traffic Accident Caused Severe Injuries to motorcyclist
Immediately after the accident, Mr W was taken by ambulance to hospital, where he then underwent many surgical procedures as a result of the head injuries he had sustained. He was in a coma for three weeks after the accident.
He had a monitor inserted into his cranium to check pressure, he had an operation on his right wrist and was in intensive care for weeks.
Later he needed speech and language therapy, physiotherapy for his hand and pain management.
At the time of the accident, Mr W was in full time employment. He was keen to get back to the job he loved and after nine months he started back again.
Due to his absence from work for a long period months after the accident and the nature of his injuries it is unlikely that he will find it easy to move up the management ladder.
Compensation Awarded
Mr W was determined not to be a burden on the state, so refused social payments,
Once final decisions were able to be made in terms of the full extent of his injuries; and once surgery and care requirements were known as well as a better understanding of the prognosis in terms of his physical injuries, Oakwood Solicitors were able to negotiate a final settlement of £400,000 in compensation for his motorcycle accident personal injury claim.
The settlement figure agreed encompassed the following:
- Compensation for pain, suffering and loss of amenity
- Compensation for loss of earnings (past loss of wages)
- Future loss of wages to cover the anticipated absence from work following future planned physiotherapy
- Additional costs incurred during the period he was housebound
- Payments to reflect the wonderful gratuitous care and assistance provided by members of his family (now and in the future)
- Repayment of sick pay to his employers
- Travel expenses
- Charges for any prescriptions and painkillers needed
- Physiotherapy
- Speech and language therapy
