Compensation for club cyclist severely injured after insurer denied liability
Matthew* was passionate about cycling, getting out on his bike whenever he could and cycling at a high level with a local club. The collision ended his ability to enjoy the activity he loved and left him with serious injuries including a traumatic brain injury, multiple orthopaedic injures and psychological difficulties. His life was turned upside down as he became highly reliant on family for support, having previously led a full and independent life on a social and professional level.
Claire was instructed by Matthew and his family soon after the collision on the recommendation of a previous client. It quickly became apparent that the insurer of the driver who had collided with Matthew was not willing to admit liability and fund much needed private rehabilitation, and so the Fieldfisher team issued court proceedings straight away. Claire immediately made an application to court for an interim payment of damages. The court agreed that it was reasonable to fund treatment at the level proposed by Claire on the basis of a full rehabilitation assessment, and the defendant insurer was required to transfer a sum large enough to pay for a significant package of treatment, therapy and support.
Matthew benefited from private orthopaedic and psychological input, including a stay at a residential rehabilitation unit. After discharge, his therapy continued in the community with the support of a skilled and experienced case manager. Unfortunately throughout the claim the defendant insurer was reluctant to release adequate funds to pay for rehabilitation, however Claire continued to press for funding when needed including a further successful application to court for an interim payment of damages to ensure that Matthew's rehab could continue.
Claire gathered expert medical evidence from a number of specialisms to support Matthew's claim and to prove that the brain injury was causing many of his ongoing difficulties, which had been disputed by the defence. Once the parties had exchanged expert evidence Claire was able to negotiate a significant 6 figure settlement for Matthew. The compensation will ensure that Matthew is not out of pocket in the future as he is no longer able to work, and he will have an ongoing need for therapy and support.
Matthew said: 'I wanted to express my gratitude for your professionalism and empathy throughout my case. The importance in supporting my treatment plan at various times was quite amazing and also with the difficulties of funding experienced with the defence. With all your effort it has helped me back to a reasonably good standard of health and wellbeing. My wife and family also wanted to relay there thanks to you for all the guidance and support during a very difficult time. We all wish you every success for the future.'
* name changed
For further information about road traffic accident claims and personal injury claims, please call Claire Glasgow on 0330 460 6747 or email claire.glasgow@fieldfisher.com.
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