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Cycling Accident Claims Case Study 1

Our Client was knocked off her pedal cycle. She was not wearing a helmet at the time and sustained serious head injuries.

Following the accident she had problems with verbal fluency and flexibility, problems with her auditory and working memory and problems with keeping her attention on tasks. Our Client had sustained multiple fractures of the skull and severe bruising to the brain. Her brain was also swollen and she was in a critical condition for some time following the accident. She was initially treated in intensive care and was breathing on a respirator under heavy sedation to reduce the strain on her brain. She also had fractures to her cheekbone. CT scans revealed a blood clot on the front left lobe which was exerting pressure on her brain and she was transferred to a neurological centre where she had to have an operation to remove part of her skull to reduce the pressure in her brain. She also had to have a drain inserted to reduce the excess fluid around the brain. She later had a second operation to replace the piece of skull that had been removed.

The third party insurers wanted to try and reduce the amount of compensation that our client received because of failure to wear a cycle helmet, but in the end we were able to negotiate an out of Court settlement which did not reflect any deduction for failure to wear a helmet.

In the course of our investigations we carried out a great deal of work into the research that can be found about the effect of failing to wear a cycle helmet on brain injury, and also looked at the law in this area in great detail with our Client and her Barrister.

Our Client had to undergo what is known as neuro-psychometric testing for the case. The purpose of these tests were to illustrate the difficulties that she was having with her memory, her attention and finding words. She was also said by the medical experts to have an increased risk of developing epilepsy and the settlement that we negotiated contained extra compensation for this risk. We advised our Client as to the option to claim what is called provisional damages. This means the right to have some damages now but to come back in the future for further damages if a specified deterioration such as epilepsy occurs. In this case our Client decided to take a larger sum of money now rather than wait and see whether the epilepsy occurred.

Thankfully, our Client made a very good recovery overall and was able to return to her pre-accident job.

The settlement negotiated for her was for £175,000.

Cycling Accident Claims Case Study 2

Mr S was riding his bike along a major road. He positioned himself to turn right across the ongoing flow of traffic. However, as he commenced his manoeuvre a vehicle, that was travelling in the same direction two cars further back from his position, decided to overtake and collided with him. As a result of the collision Mr S's bike was completely written off and all of his clothing was ruined. He also suffered a number of relatively minor injuries including cuts and bruising. Initially, the Defendants denied liability and tried to suggest that Mr S had in fact been approaching from the opposite direction. It became necessary to issue court proceedings and the matter was eventually heard before the County Court who found in favour of Mr S and awarded him compensation for his injuries, plus the value of his bike and clothing. Mr S's costs were paid by the Defendant's insurers by way of a no win, no fee agreement. He received 100% of his damages.

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