Biker settles £500,000 claim after head-on collision
Access Legal from Shoosmiths took the case through to conclusion, initially advising Mr B under the terms of his legal expense insurance policy, and then under a no win no fee agreement.
The defendant, travelling in the opposite direction to Mr B, overtook a car travelling in his direction causing, him to encroach onto Mr B's carriageway and collide head on with Mr B' mostorbike. The defendant was later convicted of driving without due care and attention, and following the criminal conviction, the defendant's insurers accepted liability.
There was a dispute on quantum (the settlement sought). A consultant orthopaedic surgeon, a consultant psychiatrist, an orthotist and an occupational therapist all gave expert evidence.
The claim was settled just three days prior to trial, which was due to take place at Southampton County Court, in July 2008. Mr B, who was 25 when the accident happened, sustained compound fractures to his right femur and right tibia, and a fracture dislocation to his right ankle, resulting in him suffering from foot drop. He also suffered mild to moderate post-traumatic stress disorder, and was signed off work as a betting shop deputy manager until January 2005. On returning to work he was demoted from his managerial position and worked reduced hours.
By the time of trial, Mr B was working full-time, and medical experts confirmed that although he was disadvantaged on the labour market as a result of the accident, he could perform his pre-accident employment, which was sedentary in nature, but that he would have to retire by the age of 60.
Expert evidence confirmed that Mr B would require ankle fusion by the age of 45, and a full knee replacement by the age of 38, with at least two revision knee replacements in later life. The experts agreed that Mr B would require assistance with DIY, decorating and domestic chores in the future.
The settlement included claims for past and future loss of earnings, the cost of future surgery, claims for assistance in the future with gardening, window cleaning, DIY, domestic assistance and personal care, the cost of orthotics and equipment to be used by Mr B in the future, such as a profiling bed and stair lift.
Mr B was left with extensive scarring on his leg, and the claim included the cost of a silicone cosmetic restoration cover matching Mr B's skin tone for him to pull on and wear over the top of his injured leg to cover the skin grafted area when in public. This would restore shape to his leg and act as a protective barrier, as well as improve his self confidence.
Who dealt with the case?
This case was handled by Access Legal from Shoosmiths' Serious Injuries Team at Basingstoke, which specialises in claims arising from fatal and catastrophic injuries. As well as accurate and prompt legal advice, we also advise on rehabilitation, interim payments to help with accommodation, treatment and care, as well as financial planning.
