‘Mark’ – Motorcycle accident resulting in serious injuries
Case handler: Hayley Martinez (Senior Solicitor)
In this case, our client was approaching a junction when out travelling on his motorcycle. As he approached the traffic lights, which were on green, the Defendant who was waiting to turn right, turned across our client’s path, colliding with him.
Key elements of our client’s case
As a result of the accident, our client sustained a serious fracture to his right femur, which required surgery. Following this, our client remained in hospital care due to his ongoing mobility issues and rehabilitation needs.
Once we were instructed to handle the case, the police report was requested and witnesses identified. Promptly following this, a letter of claim was sent to the Defendant’s insurers inviting them to address our client’s immediate needs and to to fund an Immediate Needs Assessment.
The case initially involved some complexities, in terms of the claimant driving without a driving licence and insurance.
Where our specialist serious injury experience really added value to our client’s situation
A Consultant Orthopaedic Surgeon was instructed for a medical report to be prepared. However, this was placed on hold due to the further surgery required by the Claimant, as his fracture failed to unite.
In the meantime, an Immediate Needs Assessment report was conducted. The assessment reported that the Claimant had previously commenced a course of physiotherapy, but his consultant had placed this on hold, due to concerns regarding the healing of his fracture site.
The Claimant was due to undergo further surgery, to replace the existing metalwork and remove excess tissue, in order to improve healing. 15 sessions of case management were recommended, together with 12 sessions of physiotherapy, plus a gym membership to assist in a vocational assessment to aid a return to work.
The recommendations, of the Case Manager, were subsequently accepted by the third party insurer. However, these were placed on hold, whilst the Claimant recovered from his further surgery and awaited a follow up appointment with his Consultant.
A further medical report was prepared. It was recommended that the Claimant undergo an X-ray, to confirm bone union and for the X-ray to be compared with his previous X-rays. Following this the Consultant Orthopaedic Surgeon would be able to finalise his opinion and prognosis.
Following the expert’s review of the report, it was noted that the metal work was in situ and the fracture was fully healed. The Surgeon concluded that, on the balance of probabilities, taking all factors into account, he would have expected the fracture to have healed within 12 months from the date of the accident and for the overall effects of the injury, to have lasted approximately 24 months from the date of the accident. It was thought that job prospects should not be considered compromised as a direct result of the accident, and as a result, no further treatment or investigations were recommended.
This case demonstrates how our unique serious injury expertise and thorough approach enabled us to fully consider all aspects of our clients injuries and situation, in order to secure justice and the maximum amount of compensation for our client.
An initial settlement offer was made by the third party insurer. However, this was not accepted at the time as further evidence was required, to maximise the final outcome for our client.
Following this, in addition to our clients physical injuries, psychological reports were received, containing recommendations including psychological therapy for our client.
Previous offers of settlement were withdrawn, and a significant five figure sum was accepted by our client to settle the case.
If you, or someone you know, would like to speak to our serious injury specialists about a motorcycle accident, please contact us today.