Levenes solicitors have secured £247,500 in compensation for a young motorcyclist who was hit by a van which emerged from a minor road, failing to give precedence.
The van had been waiting to cross the major road which required the driver to pay a very good attention to the traffic coming from both directions. Every driver who has been in such a situation knows it is often too easy to miss a cyclist or motorcyclist due to their size as your eye is filtering through bigger vehicles in the hope to find a sufficient enough space to be able to make it. It is easy for the eye to miss a smaller vehicle between 2 larger ones.
This defendant van driver failed to notice our motorcyclist client and entered the road hitting and throwing him in to the lane of the oncoming traffic. He was lucky that at that moment of time there were no vehicles in that lane as otherwise the accident could have been fatal.
The helmet saved him from suffering a brain injury and the full leather saved him from burn injuries. He was fortunate to have an off-duty paramedic as one of the eyewitnesses who provided assistance at the scene until the ambulance arrived.
Serious Personal Injury Lawyers
Unfortunately, his hip was broken in several places requiring several surgical procedures. Because of the injuries he was unable to return to his manual type work for a long period of time after the accident as he found that being on his feet caused him pain and fatigue.
We obtained an expert report on his injuries soon after the accident which recommended a re-examination at 2 years after the injury. This is because due to the seriousness of the injury the expert wanted to see how the client recovers with time before giving a final prognosis. This is a common practice amongst medical experts where serious injuries are involved. That is why cases like that take longer than usual. We want to be sure that we achieve the best possible outcome for a client and only settle a claim when we have a final medical prognosis in order to cover our client’s future needs in full so that they can get on with their life.
It is frustrating for an injured person to wait until they can be re-examined which is why we always try to involve a case manager to assist with rehabilitation, treatment, adaptations or other needs that arise from the accident such as help with applying for benefits or finding a job. Our client had a case manager which was funded by the insurer of the blamed driver and we were also able to secure 3 interim payments for the client to help his financial situation.
When the expert examined the client for the second time, he was able to give us a final medical prognosis, meaning that we could quantify the client’s future needs and expenses. The medical evidence we obtained in this case showed that he is under the risk of requiring a hip replacement at a relatively young age and possibly even twice during his lifetime because of his young age. His other future losses included loss of earnings, medical treatment and others. Using the medical reports, we were able to value the claim for damages and calculate all the future losses.
Apart from the medical expert we also involved a leading personal injury barrister. The role of a barrister in the case like this, where liability is not an issue but only the amount of damages is to be decided, is to advise on what would our client be awarded by a judge if the case went to trial. This allows a client to make a thought through decision on whether it is worth going to court or settle amicably. We were glad to settle this claim for our client without the need for issuing court proceedings for £247,500 which was significantly higher than the amount the barrister estimated a judge would award him at trial.
If you or someone you know suffered an injury as a result of a motorbike accident, our expert team of personal injury solicitors will be glad to discuss your options. Please contact us for free advice.