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Title: Success for severely brain injured motorcyclist - 29 January 2013

Amount:

Mr B had a very serious accident in September 2010 when he was involved in a head on collision with a car driven by the Defendant. Bikelawyer’s reconstruction of the accident based on physical evidence at the scene indicated that whilst the Claimant was riding within the hatchings in the centre of the road the Defendant’s wing mirror may also have been encroaching the hatchings. The Claimant had no recollection of the accident circumstances but the Defendant alleged that the Claimant was riding too fast and lost control and entered her side of the carriageway claiming that at no time did she enter the hatchings.

The Claimant sustained a severe brain injury (he is still undergoing neuro-rehabilitation but has capacity to engage in the litigation process), a splenectomy (removal of spleen), kidney damage, a fractured right femur and two punctured lungs. Fortunately the Claimant is making good progress but it will be a long road to recovery. Future working capability has likely been compromised, to what extent is not yet clear.

The solicitors that the Claimant’s insurance company instructed on behalf of the Claimant were, according to the Claimant and his father, “useless” and after a year of them acting on the case they wrote to the Claimant saying that he would not get any compensation. The Claimant had tried a few other solicitors firms but none wanted to take the case on. Bikelawyer’s Andrew Campbell agreed to look at the case and after nearly a year of legal wrangling managed to obtain a very good settlement considering the huge difficulties the Claimant faced on liability. Despite the advice of senior counsel that the claim had no real prospects of success Bikelawyer nonetheless achieved a healthy settlement through meetings and negotiations with the Defendant’s representatives which will assist the Claimant in his recovery.

The Claimant’s father said of Bikelawyer “ Brilliant!!! What more can I say? Thanks to all of the team at Bikelawyer – you’re a cut above the rest!”

This case highlights the importance of seeking expert legal representation in catastrophic injury cases involving motorcycle accidents and that Claimants have freedom of choice to instruct the solicitors of their choice.

Andrew Campbell of Bikelawyer said “You wouldn’t go to a GP for specialist heart surgery so why would you go to a generalist lawyer for representation in a case like this?”

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