Personal Injury Claim Case Study
A motorcyclist has been awarded more than £260,000 after sustaining brain injuries in a road accident that was not his fault.
The accident happened as he was riding his machine along a main road. A car collided with him after pulling out in front of him from a side road.
The motorcyclist suffered brain injuries as well as rib fractures, abrasions and soft tissue injuries. Following the accident, he had to undergo numerous surgical procedures including a joint reconstruction operation on his right shoulder.
His brain injury resulted in short term memory problems, weakness with visuospatial reasoning and mental arithmetic, and deficiency in ability to acquire new verbal information and to retain verbal and visual information over time.
He underwent cognitive behavioural therapy for his depressive disorder and post-traumatic stress disorder.
Before the accident, he had been employed as a chef in the RAF but was medically discharged. His exit date had been approaching in any event, but being unfit for service he lost the chance to apply for a three-year extension of service. He planned to retrain as a joiner.
He continued to suffer aches and pains throughout his body which prevented prolonged walking or running. His short term memory problems would be permanent but the major factor in his future wellbeing and employability would relate to how well his mood disturbance could be controlled.
He took legal action against the driver of the car claiming that she had been negligent in failing to see him and failing to stop at a marked junction, and driving without due care and attention.
The driver admitted liability and agreed to an out-of-court settlement of £260,800. This was to compensate for his pain and suffering but also to cover his loss of earnings and job prospects, as well as future care and therapy costs.
Details of the Personal Injury Claim
BARWICK v TASDELEN (2014)
Total Damages: £260,800 (£261,003.99 RPI)
Out of Court Settlement
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