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Title: South Wales biker wins complex compensation claim

Amount: Significant confidential sum

On 24 June 2009, the Claimant was riding his motorcycle eastbound in the offside lane of the M4 motorway between junctions 40 and 41.

As he did so, an employee of the Defendant driving in the course of his employment, drove his van in to the offside lane and struck the Claimant’s motorcycle, forcing him into the central reservation where he fell from the motorcycle and sustained serious personal injury.

The Claimant instructed BikeLawyer Motorcycle Accident Solicitors to act for him.

The Defendant’s employee subsequently pleaded guilty to driving without due care and attention before Neath Magistrates and was fined £100 and received 3 penalty points.

The Claimant had suffered a previous injury to his right lower limb, which was in the process of healing at the time of his accident. The index accident caused an exacerbation of the existing injury, and a further fracture to the 2nd metatarsal neck of the right foot. The Claimant also suffered multiple rib fractures, a haemothorax and pneumothorax, a contusion to the left lung and a splenic tear. He continues to suffer left upper quadrant pain. He also suffered a whiplash type injury to the cervical spine.

The issue of medical causation was hotly disputed between the parties. The extent to which the previous injury was responsible for ongoing symptoms and financial losses rather than the accident which was the subject of this claim was crucial to the Claimant’s case and multiple medical reports from specialist of different disciplines were obtained. The Defendant’s solicitor made an offer to settle the claim in May 2010 putting the Claimant at a serious costs risk should he fail to beat the offer. However, undeterred by this and the fact that the Defendant resorted to covertly filming him, the Claimant fought on and eventually beat that offer settling his claim in November 2011.

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