The accident team at Leigh Day has recently concluded a case for its client, an Italian national, living and working both in Italy and the UK who was knocked off his motorcycle by a vehicle turning left directly across and into his path.
Our client suffered a significant ankle injury which resulted in a prolonged absence from work, the need for further surgery and more imporantly, affected his ability to pursue his career as a maxillo facial surgeon. He had continuing difficulties with prolonged standing and walking.
The defendant's insurers and their solicitors argued that liability should be apportioned equally between the car driver and our client. It was suggested that the driver had been indicating left at the time and that our client attempted to undertake on the driver's nearside. This was strongly denied by our client and liabilty remained in issue until the end. Whilst our client was prepared to accept a modest reduction in his damages to take into account the litigation risk, the final settlement reached represented more or less the full value of his claim.
The case was finally resolved two months before trial for £100,000 plus costs.
The case was complex in terms of valuation as it was put forward on the basis that the client's career had not progressed as it would have done but for the accident. Our client had been qualified in both dentistry and medically qualified as a maxillo facial surgeon. His intention had been to give up his practice in Italy and seek full-time employment as a maxillo facial surgeon in the UK. Following the accident, he had to reduce his working in the UK by reason of his injuries. In an attempt to mitigate his losses, he sought to train in a new field - that of dental implants. This enabled the client to work in an environment better suited to his ongoing symptoms.
The matter was dealt with by Rebecca Smith in the personal injury and accidents department.
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