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Road Traffic Accident - Knocked off a bicycle

Our client sought damages for personal injuries sustained in a Road Traffic Accident whereby he was on his bicycle and was knocked off by a truck owned by Warburton’s Limited.

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The claim was initially thought to be straightforward case in terms of liability and achieving compensation. Our client sustained what he believed to be a minor head injury and soft tissue injuries to his arm and leg. Contributory negligence was raised from the start as an issue and it was alleged that our client was 50% responsible for his injuries as he failed to wear a cycle helmet. This allegation was contested from the start and upon instructing a medical expert it was raised as to whether the use of a cycle helmet would have resulted in a different outcome for the client. The medical opinion was that the use of a helmet would have made no difference. As a result the protracted arguments in respect of this were dropped and liability is no longer in issue.

It was only after an initial medical appointment that it became apparent that our client was suffering from a more serious head injury than first thought. Upon further discussions with the client it was realised symptoms he was experiencing such as change of mood and loss of concentration, that he had not fully appreciated or connected, were attributable to the initial accident. On referral to a neurosurgeon tests revealed that further investigation was required by a neuropsychologist with a view to assessing the full extent of the difficulties client was having. Client was diagnosed as having a moderate brain injury and is now undergoing treatment with a neuropsychologist with a view to helping to develop strategies to work around his current cognitive difficulties as part of his ongoing recovery.

In respect of the personal injury case against Warburton’s Limited, the client can expect to achieve in excess of £20,000 for his general damages. Investigations are yet to be completed in respect of the client’s special damages as consideration may need to be given to loss of potential promotion as a result of the head injury.

 

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