22 November 2010
Specialist personal injury solicitor Christine Tallon has secured a six figure sum of compensation for a man who sustained serious head injuries when he was hit by a speeding motorcyclist whilst crossing a road in North London in 2006.
The case was transferred to Leigh Day & Co from previous solicitors who had done very little to progress matters in the 12 months during which they had conduct of the matter.
The claimant suffered a severe head injury and associated severe brain injury when he was hit by a motorcyclist whilst he was in the process of crossing a road. The motorcyclist was uninsured and the claim was therefore directed against the Motor Insurer’s Bureau (MIB) under the terms of the Uninsured Driver’s Agreement.
The claimant was initially considered to lack mental capacity as a result of his injuries and was represented by his wife. Subsequently, there was some improvement in his condition such that he was considered to have regained capacity albeit that he remained heavily dependant upon others to assist him in making decisions and to prompt him in relation to various daily activities.
Although the claimant was aged 66 at the time of the accident, he had still been working full time and had intended to continue to do so until the age of 70 and thereafter to age 72 on a part-time basis. The claim therefore included a claim for loss of earnings.
Whilst liability had in fact been admitted by the MIB in late 2007, they sought to withdraw the earlier admission and to allege that the claimant was guilty of contributory negligence following the issue and service of court proceedings in June 2009. In view of the earlier admission, witness evidence in relation to the accident itself had not been necessary and the passage of some three years since the accident made it difficult to obtain details of and locate witnesses who still had a clear recollection of the events.
The issue of contributory negligence was subsequently resolved by agreement.
The matter was listed for a two day trial. However, settlement was achieved at a round table meeting between the parties to include compensation to provide for the claimant’s future care needs for the remainder of his life.
For more information please contact Christine Tallon on 020 7650 1200.
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