A motorcycling enthusiast sustained injuries in an accident in July 2016 as a result of which he has been awarded the sum of £309,566 in damages.
The Accident
Mr B was riding his Royal Enfield Classic motorcycle along rural country lanes near to his home on the day of the accident. He was following a white van for over a mile or so, travelling in the same direction. The road in question was so narrow that there was not sufficient room for vehicles to pass safely and, when a third vehicle approached from the opposite direction the van came to a stop and Mr B likewise brought his motorbike to a stop behind the van.
Suddenly, and without warning, the van began to reverse back up the lane, heading towards Mr B and his motorcycle. Despite Mr B sounding his horn, and a bystander in a nearby garden attempting to reach the van driver’s attention, he continued to reverse. Mr B tried to move to the side of the road as much as possible but there was insufficient room or time to get out of the way.
The van continued to reverse, hitting Mr B’s bike and causing him and the bike to fall to the floor. Unfortunately, even at that point, the van driver appeared unaware of the incident and continued to drive over the right side of Mr B’s bike, underneath which he was trapped. The left rear wheel of the van eventually stopped no more than a couple of inches from Mr B’s head.
This was, quite clearly, an extremely traumatic and terrifying accident.
Following the accident, Mr B was taken to hospital where he remained for 11 days. He was advised that he had sustained a crushing fracture to the top part of his left shin bone and, two days after admission to the hospital, underwent a lengthy surgery to reconstruct the bone within his knee, and have metalwork inserted. Mr B was advised by the Consultant Orthopaedic Surgeon at the hospital that he was, in fact, very lucky not to have lost his lower leg due to the severity of the accident and injuries. Upon his return home from hospital, completely incapacitated and unable to carry out any normal day to day activities, nor to return to work for several months.
Martyn Prowel Solicitors
Mr B instructed Martyn Prowel Solicitors to make a claim for damages against the Insurers of the van, in respect of both the personal injuries he had sustained in the accident, as well as loss of earnings and financial losses incurred as a result of the accident and injuries. Martyn Prowel Solicitors agreed to act upon behalf of Mr B under a Conditional Fee Agreement (“no win no fee”) and also agreed that they would take no deduction from any damages in respect of their success fee when the claim was settled. The case was allocated to Janine Griffiths, Associate Solicitor within the Civil Litigation Department.
Liability, or responsibility, for the accident and subsequent injuries was quickly admitted by the Insurers of the van and, thereafter, it remained for Martyn Prowel Solicitors to take steps to obtain medical evidence in relation to the injuries sustained, as well as facilitating further rehabilitation treatment in order to aid his recovery, and to assess and calculate the financial losses incurred.
Facilitating Treatment
Janine then liaised with the Defendant’s Insurers and made various arrangements for further treatment as a result of which Mr B underwent a lengthy rehabilitation process, including physiotherapy, steroid injections etc. The Defendant’s Insurers made payments for the treatments and rehabilitation so that Mr B could receive the same privately, without the need to await the essential treatments on the NHS.
Unfortunately, this rehabilitative treatment was not of adequate benefit to Mr B and his ongoing symptoms and injuries appeared to be deteriorating, rather than improving over time. Janine therefore instructed a Consultant Orthopaedic Surgeon to carry out a private examination of Mr B’s injuries, and to provide an initial Medical Report in respect of those injuries, recommending any further investigation or treatment, and providing a prognosis, or forecast, for likely recovery.
That Consultant advised that it would be necessary for Mr B to undergo surgery for the removal of the metalwork inserted at the first surgery post-accident, and thereafter to receive a total knee replacement.
In January 2019, Mr B therefore underwent surgery for the removal of the metalwork at the Spire Hospital, privately. This, again, was arranged and facilitated by Martyn Prowel Solicitors, and paid for by the Defendant’s Insurers. Following Mr B’s recovery from that surgery, he was then booked in for a total knee replacement surgery which took place in July 2019, again on a private basis at the Spire Hospital.
Following a period of further recovery and rehabilitation treatment, a follow up medical examination with the Consultant Orthopaedic Surgeon took place in February 2020 where Mr B was given credit for his excellent efforts in relation to his own recovery and the enthusiasm with which he had carried out recommended exercises to assist with his recovery.
Assessing Financial Losses
As a result of the injuries sustained, and the lengthy course of treatment that Mr B had to undergo, his ability to work was hugely impacted. The effects of this had a detrimental impact on Mr B’s business as well as his savings, investments and pensions portfolio and Janine therefore needed to carry out calculations and assessments of those losses. This involved obtaining and reviewing significant documentation and consideration of years of Accountants’ Reports, Tax Returns, Business Plans etc. Janine then arranged for a Pension Loss Report and a Forensic Accounting Report to be prepared in relation to the losses sustained to Mr B and his business, and thereafter a detailed Schedule of Financial Losses was prepared upon Mr B’s behalf.
Court Proceedings
Given the complexity of the claim, the value of the same, and the amount of time spent on rehabilitation and surgeries, Janine issued Court proceedings upon behalf of Mr B prior to the expiry of three-year limitation period. The Claim was subsequently allocated to the Multi-Track within the County Court (for high value and complex cases) and Janine continued to progress Mr B’s claim through the Court. Eventually, the matter had reached the position where it was capable of being set down for a Trial, which was listed to be heard over a three-day Trial in early 2021.
Settlement
Following receipt of an offer of settlement from the Defendant’s Solicitors, and in accordance with Mr B’s instructions, Janine undertook lengthy and detailed negotiations with the Defendant’s Solicitors. The claim was then settled in the total firm of £309,566 without the need for Mr B to attend Court.
Martyn Prowel Solicitors’ comments
Janine Griffiths, who acted for Mr B throughout, said, “From the outset, this was a complex and challenging case. The impact that the injuries had on Mr B were obviously significant, and the effect it had on his lifestyle, and ability to work, caused major problems for him and his family. Mr B had previously been a very fit and active man, who enjoyed a very sporty lifestyle with his family and friends. He was also a very successful business owner who devoted a lot of time and energy into his work.
Whilst liability for the accident was admitted early on by the Defendant’s Insurers, the work involved in bringing Mr B’s claim to a successful conclusion was exhaustive and detailed. We needed to ensure, initially, that Mr B’s recovery from his injuries was expedited and this involved extensive medical evidence, arrangement of treatments and surgeries, and assessments in relation to his rehabilitation and recovery. The impact on Mr B’s ability to work also caused him considerable difficulties, which created a very complicated and lengthy financial losses calculation.
With all appropriate documentation including Medical Reports, Schedule of Financial Losses, Witness Statements etc having been filed at Court and served upon the Defendant’s Solicitors, we were prepared and ready to go to Trial in early 2021. We had agreed with the Defendant’s Solicitors, and the Court, that the matter was so complex it would require a 3-day Hearing for all the evidence to be properly considered.
An offer of settlement was received from the Defendant’s Solicitors, which was followed by a lengthy and complicated negotiation process. I was delighted to be able to settle Mr B’s claim now, before Trial, for £309,566.
Mr B has, quite frankly, been through a terrible time following a very traumatic accident, and credit is due to him for his positive attitude and efforts in facilitating his own recovery. His approach and mindset have, I’m sure, been of great benefit to his physical recovery, and I hope now that the settlement achieved will enable the financial detriment suffered by him as a result of the accident to be resolved. I wish him and his family all the very best for the future”.
Janine Griffiths is an Associate Solicitor specialising in Civil Litigation, including complex and high value Personal Injury Claims. She can be contacted at [email protected] or by telephone on 02920470909.