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Motorcyclist awarded £100k following RTA

July 14, 2021

The Incident

On the 23rd March 2018, 30-year-old James Billman was travelling along the B1108 in Hingham on his motorcycle, when he approached a crossroads. The Defendant pulled out from James’ right, into our client’s path, causing a collision.

James, a Service Delivery Manager from Norfolk, received treatment from the emergency services and was then taken to Norfolk and Norwich University Hospital for further treatment.

He sustained the following injuries:

• A T6 vertebral fracture
• Post-Traumatic Stress Disorder (PTSD)
• Soft tissue injury of the chest
• Laceration to the lip
• General bruising

The case

Initially, it was believed that James’ injuries weren’t serious; the Defendant admitted liability early, and the case would proceed via the Ministry of Justice (MoJ) portal.

However, following further investigations, the case was transferred to Fletchers Serious Injury team, where medical evidence determined the claimant’s injuries were more serious than originally thought. Chartered Legal Executive, Lauren Phillips took on the case.

Through medical evidence and investigation via orthopaedic and pain management experts, Lauren was able to secure the right medical opinion to finalise the claim and proceed to settlement negotiations.

The aftermath

James suffers with long-term upper back pain complicated by pre-existing degenerative changes of the lower back, which also causes pain intermittently. As a father of young children, the collision has put limitations on what he can do, and he remains in pain most days.

Due to his injuries, James secured a promotion during his recovery, to a more managerial and less physically demanding role. James no longer uses a motorcycle and although he still drives, he feels he cannot trust other road users.

Acting on his behalf, Lauren was able to secure evidence to confirm that James’ ongoing problems were a result of the upper back pain and therefore related to the RTA.

Our pain expert agreed that this was the case, which supported the client’s claim for being disadvantaged on the open labour market.

The case outcome

Following Lauren’s representation, James was awarded £100,000.

In conclusion to the case, Lauren commented:

“This was a case with complex medical evidence and differing medical opinions that complicated settlement. Prolonged discussions and negotiations took place to secure a higher settlement. Ultimately, we were able to secure settlement £20,000 more than was initially offered.”

The settlement has had a massive impact on James and his family, allowing them to pay off debts which had built up over time. James added:

“Since the collision, I appreciate each day more, I just don’t worry about things that aren’t important.

“Lauren has been first class. The service from Fletchers has been exemplary, with regular, clear feedback keeping me well informed at all times, and genuinely having my best interests at heart. The settlement has taken all the stress away.”

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