The claimant’s details have been changed but this is indeed a true case
Phil Mulryne acted on behalf of Mr L the Claimant to pursue a claim for personal injuries.
The Claimant was knocked off his bicycle by a motor car. Due to the injuries suffered in the accident the Claimant had little recollection of what happened. He was knocked unconscious.
An ambulance took him to hospital and he was treated in hospital for 3 days. The Claimant experienced neck/shoulder pain together with headaches, tinnitus, dizziness with memory and concentration issues. He also suffered from anxiety, mood and sleep disturbance.
The claim was submitted to the insurance company who did not initially accept liability in relation to the claim but subsequently notified that responsibility for the accident was admitted.
As indicated above the Claimant suffered from the following injuries :-
Head injury
The Claimant was diagnosed with a moderate brain injury caused by a subdural haematoma which caused him to experience post-accident amnesia and post-concussion symptoms with headaches, nausea, blurred vision with dizziness and fatigue. The most acute symptoms resolved within 3 – 4 months although Mr L continued to experience some headaches around 2 years post-accident with some ongoing memory issues and mood disturbance and balance issues.
The medical evidence indicated that any symptom that continued for over 2 years following the accident was likely to be permanent and the medical evidence indicated that on assessment there was no evidence of intellectual decline or reduction in functioning due to the head injury.
There was a potential increase in later life of developing dementia and some increased risk of epilepsy.
It was felt that the ongoing memory issues would not have any significant ongoing effects to the Claimant’s day to day existence.
Tinnitus
The Claimant was diagnosed with tinnitus and had some ongoing dizziness issues. It was recommended that the Claimant had a 12 month course of vestibular rehabilitation physiotherapy which should resolve his symptoms
Psychological Injury
The Claimant was diagnosed with an adjustment disorder experiencing symptoms of anxiety, low mood and anger towards motorists and hyper-vigilance when cycling.
It was felt that with treatment from a Psychologist experienced in trauma, anxiety and traumatic brain injury that the Claimant’s injuries would improve although it was felt that some symptoms would remain permanently.
Neck/Shoulder Injury
The medical evidence indicated that the accident was responsible for around 18 months’ worth of symptoms. The Claimant had experienced neck and shoulder symptoms in the past so any ongoing symptoms it was suggested, would relate to the previous problems.
The Claimant is retired so did not take time off work following the accident.
The Claimant suffered losses to his bicycle/clothing and equipment. The Claimant’s bike was valued at £1,400 and there were various other damaged items included in the claim.
Following the accident the Claimant was unable to drive for a period of 8 weeks and had to rely on his wife to drive him around and to take him to medical appointments. He also had some assistance for a number of weeks with washing/dressing due to his restricted movements due to the physical pain and also preparation of meals/general household duties which the Claimant would have undertaken in the absence of the accident.
The Claimant had paid for some private physio which was claimed together with the costs of recommended psychological counselling and vestibular physio.
An offer was put forward to settle the Claimant’s claim in the sum of £35,000.
This offer was rejected and a counter offer put forward with eventually the claim reaching settlement at £44,000.
This represented a global settlement figure so there was no breakdown between the personal injury damages claim and other expenses although on a rough basis the personal injury damages are assessed in the region of £38,000 and the other additional costs and expenses £6,000.
