Seven-figure settlement for brain injury cyclist
A cyclist who sustained a severe brain injury in a road traffic collision receives a seven-figure compensation payment
Posted on 22 January 2021
A cyclist who sustained a severe brain injury in a road traffic collision when he was just 16, received a seven-figure compensation payment which included funding for immediate access to private specialist therapies.
The cyclist, who we have called Sam, was studying for his AS levels and was a keen competition racing cyclist, when the collision happened. He was in training for a forthcoming race when a car turned across his path, and Sam was thrown from his bicycle into the road.
He sustained a severe brain injury and was in hospital for a month. He was initially unable to speak and suffered motor problems on his left side and fatigue.
After he was allowed home, Sam had to return to hospital as a day patient for a month for further specialist treatment.
Through his British Cycling membership, Sam instructed Leigh Day to bring a claim against the driver and his insurer.
Leigh Day Partner Bethany Sanders immediately secured a number of interim payments to enable him to access private specialist therapies and so that he could employ a case manager to co-ordinate his rehabilitation programme.
Following his hospital discharge, Sam was able to begin an intensive programme with independent therapists, including neurophysiotherapy, occupational therapy and speech and language therapy. Sam worked extremely hard on his rehabilitation and returned to college to obtain his A-levels the following year and is now working and completing a part-time degree.
During the course of his claim, Sam underwent a trial of independent living to identify any issues which might arise as a result of his ongoing difficulties and ensure appropriate domestic support was valued within his claim.
Evidence from an employment expert was obtained to consider the likely impact of ongoing symptoms on Sam’s future career progression and a significant claim for future loss of earnings was made to reflect this.
Following negotiations, settlement terms were agreed and Sam was awarded a seven-figure sum for damages. The compensation will enable him to reduce his working hours so that he is able to manage his ongoing fatigue and continue his rehabilitation.
Bethany represented Sam in the civil claim with Leigh Day personal injury department assistant solicitor, Katherine Wilkinson.
“I cannot thank Bethany and Katherine at Leigh Day enough for the support they have given to me throughout my claim. I believe that if it wasn’t for the vital role they played in organising further therapy immediately following the accident, I would not be where I am today. The settlement they have secured will benefit me for the rest of my life, allowing me to get the help I need and to manage my impairments. It will also alleviate some of the pressure to keep up with my peers and improve my quality of life.”
“Whilst Sam has made a remarkable recovery, he continues to suffer from ongoing symptoms as a result of the collision. Sam was a teenager when he sustained his traumatic brain injury, and it was incredibly important that we secured the funding for him to access the specialist rehabilitation he required from the outset in order to make as full a recovery as possible.
“Sam has worked so hard throughout his rehabilitation and our job was to ensure that his ongoing symptoms were properly recognised within his claim so that he received funds to enable him to continue his therapies, reduce his working hours and obtain the domestic support required to successfully manage his career, family and social life going forward.”