Peter, a motorcyclist, was correctly proceeding along the nearside lane of a dual carriageway when the defendant turned across the nearside lane in order to enter a minor road and collided with our client's vehicle as a result.
Liability was disputed with additional arguments regarding security of a protective helmet and expert evidence from reconstruction experts found that the Peter was travelling in excess of the speed limit. Despite the difficulties, we secured a split liability on the basis of 75/25 in favour of Peter.
We arranged for expert and medical evidence in neuro-rehabilitation medicine, neuropsychology, neurology, SALT, physiotherapy, Occupational Therapy, care and accommodation. Following quantum evidence obtained, the parties agreed Peter requires, and will always require, support worker supervision 24/7 due to the enduring cognitive impairments as well as the risks created by diagnosed epilepsy.
This case also included an accommodation claim for a suitably adapted property to accommodate our client's needs including the 24/7 care. Peter is a protected beneficiary and his affairs will be managed by the Court of Protection.
A settlement was achieved through Alternative Dispute Resolution and the settlement was approved at the High Court of Justice in January 2023.
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