Road Traffic Accident
Post Traumatic Amnesia (PTA) is where after a head injury, the patient suffers with a period of confusion, disorientation and memory loss until the return of continuous memory. This state can last for a few moments, a few minutes or days and weeks.
When the claim was submitted, the Defendant’s insurance company refused to settle the claim as they argued that the driver was not at fault for the accident. They argued a rarely seen legal defence known as “automatism.” This arises where a person experiences a total loss of control through no fault of their own.
Discover more about how Levenes Personal Injury Solicitors are helping spinal cord injury clients and their experience with Levenes.
Tim Beasley, Head of Catastrophic Injury at Levenes can often be seen out on his bike and motorists behind him can sometimes be heard to sound their horns at their frustration of being behind him. This is not because Tim is slow – although he is – it is because he always rides well clear of what is known as the “door zone”.
Our work did not end once liability was established, in fact it was just beginning as the Claimant was recommended rehabilitative therapy before obtaining further expert evidence to comment on the impact of her brain injury on her future life and the support she would need to support her. With liability accepted, we were able to obtain interim payments to arrange rehabilitation immediately. It was essential to get the right case management company and case manager involved as brain injury, especially for a child, required the right expertise and team of therapists.
In a complex and high value case like this it is very important that the solicitors you instruct have the financial resources to pay for the best engineering experts and medico-legal experts in the UK. In this particular case each party instructed 12 experts from different medical fields including leading experts in prosthesis who gave the evidence on various type of prosthetics that could be available to our kind including bio mechanical arms and latest state-of-the-art prosthetics.
Can a pedestrian claim compensation if he was intoxicated at the time of the accident? The fact that the pedestrian had been drinking is not decisive on its own. It is not negligent to be drunk but if you walk along the carriageway of the road with your back to the traffic, then that is contributory negligence. In serious injury cases, Levenes will recommend that any CCTV is properly analysed and considered.
Levenes solicitors have secured 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.
Sometimes the claims process can seem like a battle between David and Goliath, because the insurer seems to have all the resources to fight the case, and the injured person is all alone. With Levenes, you are not alone. We will enable you to take on the insurer and fight hard for you.