Seven figure compensation secured after catastrophic motorcycle accident
On 10 May 2009 Martin was riding his motorcycle along the A41 Bicester Road. He was proceeding a safe distance behind a BMW car. On the other side of the road, a Mercedes car was being driven by the Defendant. The Defendant driver fell asleep behind the wheel of his car and veered across the road, colliding with the BMW motor car that was in front of Martin. As a result of this impact, the BMW was shunted backwards. Martin was unable to avoid this collision and as a result he suffered devastating injuries. Martin was subject to above the knee amputation to his right leg, hypoxic brain injury following respiratory arrest on the side of the road, severe injury to his left knee (which subsequently required a total knee replacement), facial fractures, weakness to the left hand, burning hypersensitivity to the left arm, Peyronie's disease and urinary complications.
In spite of the circumstances of the collision, the Defendants refused to admit liability. They alleged that Martin was riding too close to the BMW vehicle and that he was not just partially, but totally, to blame for his injuries. At the time Field Fisher Waterhouse were instructed Martin had received interim payments totalling £255,000 in the best part of three years. He was living in rented accommodation and was about to be forced to move as his landlord would not extend his tenancy. He did not have sufficient money to purchase suitable accommodation. Notwithstanding the Defendants' stance, we were able to obtain an interim payment of £540,000 within 3 months of being instructed so that Martin could purchase suitable accommodation in which to live.
Following a settlement meeting in January 2013 during which the Defendant legal team finally admitted full liability, Martin was awarded a seven figure sum in compensation, including £50,000 per year for the rest of his life to cover the cost of requiring professional care at home. Martin's compensation means that he will be able to afford state of the art prostheses in the form of c-legs and water activity limbs. He will have sufficient funds to provide him with the private care regime that he needs and so that his loving wife can return to work.
At the end of the case, Martin said:
"Mark we really just want to say how brilliant you and Field Fisher Waterhouse were in handling the case for us. We only moved to you guys less than a year before the case settled. I don't think the previous solicitors that our insurers appointed would have pushed quite as hard as you did to get us the settlement you achieved. They would certainly not have got the interim payments that you did, so we might have been forced to stay in another rented property somewhere with everything else going on still hanging over our heads. Thanks to you we were able to purchase a bungalow during the case, and it has made a huge difference to us. You, and Marise put up with us so well. You were very patient with us and always explained things well and kept us up to date with what was going on. We were never out of the loop. We would, and have already, recommend you to friends and family if they ever need any legal help."
Contact us
For further information about road traffic accident claims, motorcycle accident claims and brain injury claims, please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.
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