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Case Study

Motorcyclist awarded £42,500 for knee injury sustained in a road traffic accident that wasn’t his fault

The claimants details have been changed but this is indeed a true case

Jason Claridge, Personal Injury Solicitor at Ward & Rider says,

“I recently acted for a motorcyclist where he achieved an award of £42,500 for his entire claim including his injuries and his financial losses. He had been referred to me by a former client. Mr A had been on his motorcycle travelling through country lanes in the South of England. He had a job which required travel. His insurers had initially appointed solicitors to act for him but they had taken the view that as there was a denial of liability by the solicitors acting for the other driver, his claim would not succeed.

“I therefore started to investigate the matter further. I obtained the police accident report and noted there was a witness who had not been spoken to. That individual assisted us in that he felt my client was not to blame. It seemed to have been assumed that just because my client was on a motorcycle he must have been travelling recklessly and too quickly, whereas in fact the witness confirmed he was travelling perfectly appropriately.

“I put this evidence to the solicitors acting for the other party. They continued to dispute liability. We therefore had to issue court proceedings. After we had issued and served court proceedings they made a partial admission of liability and then a full admission of liability.

“My client suffered a knee injury. We advised he had suffered expenses by having to see various medical practitioners. He was also taking painkillers intermittently and he had some help with household chores. In addition, he suffered some damage to his leather jacket, trousers, helmet, boots, rucksack and gloves. In addition, he had an ongoing requirement for taking painkillers as well as an ongoing requirement for help with heavier household chores. Previously, he had been an individual who was fit and active and enjoyed sports.

“Following the accident his approach was that he wanted to ensure he was fit for work and therefore, as a consequence, he avoided carrying out heavier activities. We obtained medical evidence, as did the solicitors acting for the other party. Our evidence was supportive. Their evidence was less supportive.

“There was then a series of offers. After some prolonged negotiations they reached a figure which represented a significant sum for our client. It was not all of what he had claimed for but it was a substantial amount. He recognised that on the evidence of the other party he would receive less than the offer which had been made and consequently decided to accept the figure of £42,500 for his injuries which were principally damage to his knee, his past and future travel, his past and future medical treatment, his past and future help around the home as well as damage to his clothing.

“I distinctly remember the end of the case because he and his partner decided to use the money to travel to Las Vegas to get married with their children in attendance. The real point for me, however, is the fact that just because one law firm advises you that there is not a case, it does not mean to say you do not have a valuable case.”

Ward & Rider deals with all types of personal injury claims. We can be contacted on (024) 7655 5400. We act on a no win, no fee basis.

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