£230,000 Settlement Secured Following Motorcycle Accident

Lyubov Nikolchova and Aibhlinn Carroll recently secured a successful settlement for a motorcyclist who suffered complex orthopaedic injuries and a heart attack following a road traffic accident. At different stages of the case, Alex Brown and Ben Davey also assisted with investigating the claim.

Accident

The claim arose from an incident in 2023, where Mr K and his wife were travelling home from lunch on separate motorcycles. The Defendant pulled out from a private driveway into the path of Mr K, causing Mr K to collide with their vehicle.

Injuries

As a result of the collision, Mr K sustained fractures to his pelvic ring, left knee, and spine. He also suffered a haematoma in his groin and developed an adjustment disorder following the accident. Notably, Mr K suffered a heart attack in the hospital, while undergoing treatment for his orthopaedic injuries.

Recognising the seriousness of Mr K's injuries, Lyubov Nikolchova secured early rehabilitation support to assist with his recovery. This provided Mr K with access to treatment and assistance at an early stage, helping him manage the consequences of his injuries whilst the claim progressed.

Challenges in the Case

Whilst liability for the accident was admitted at an early stage, the claim involved significant and complex disputes regarding causation throughout.

One of the principal areas of dispute concerned the heart attack suffered by Mr K. The Defendant maintained throughout that the cardiac event was not related to the accident and any sustained injuries.

Separate causation issues arose in relation to Mr K's future mobility and orthotic needs. Prior to the accident, Mr K suffered from peripheral neuropathy, which caused symptoms affecting his lower limbs. It was therefore necessary to carefully distinguish between difficulties that would have existed in any event due to the neuropathy and those that had arisen as a result of the accident-related injuries.

To investigate these issues thoroughly, we obtained expert evidence from multiple medical disciplines. This enabled us to analyse in detail whether the heart attack and its ongoing consequences were attributable to the accident, as well as the extent to which Mr K's future mobility needs and reduced life expectancy resulted from the accident rather than his pre-existing conditions.

Settlement

As the limitation period approached, proceedings were issued protectively to preserve Mr K's right in the claim. Following service of proceedings, we engaged constructively in settlement negotiations with the Defendant. Mr K was keen to bring the litigation to a conclusion and, through careful negotiation, we were able to secure a favourable outcome.

Conclusion

This case highlights the importance of obtaining detailed expert evidence across multiple disciplines where complex issues of causation arise. It also demonstrates the need for careful analysis where a claimant has pre-existing medical conditions, to ensure that the consequences of an accident can be properly distinguished from unrelated underlying health issues.

Reflecting on the outcome, Mr K said: 

"Friendly and solid legal advice and guidance. Outcome exceeded expectations by quite some margin."

Secondary Victim

We also successfully represented Mrs K in a secondary victim claim arising from the accident.

Mrs K had been travelling behind her husband on her own motorcycle when she heard him shouting over their motorcycle intercom and turned a corner to see him lying in the road immediately after the accident. Witnessing the immediate aftermath of the collision caused Mrs K to suffer a psychiatric injury.

We successfully obtained compensation for Mrs K for the psychiatric injuries she suffered as well as treatment costs. She had a period off work as a teacher, which affected her income, which was recovered in full.

Contact Dean Wilson LLP

If you or a loved one has been injured in a road traffic accident, our specialist personal injury team at Dean Wilson LLP are here to help.

We offer clear, practical advice from the outset and will guide you through every stage of your claim to achieve the best possible outcome.

To discuss your situation with a member of the team, please contact us on 01273 032328 or email enquiries@deanwilson.co.uk.