Settlement obtained for cyclist following collision with motorbike

Our client was cycling home after picking up groceries when a motorcycle travelling in the same direction collided with her bicycle in Islington.

The collision caused serious injuries that required hospital treatment. These included a traumatic brain injury, complex dental injuries and fractures to her neck, ankle and jaw. She later underwent surgery for maxillofacial and ankle injuries.

The effects of the collision continued after our client left hospital. She experienced vestibular symptoms affecting her balance, restricted movement in her injured limbs and persistent dental pain.

Before the collision, our client had worked in several active roles in the services industry. Her ongoing symptoms meant she could not return to work quickly.

As part of the claim, a case manager was appointed to support her rehabilitation.

Our lawyers secured an admission of liability from the defendant insurer.

We then obtained an interim payment for our client. An interim payment provides part of the compensation before a claim reaches its final conclusion. In this case, it gave our client financial support while her claim was still ongoing and she was unable to return to work quickly.

Understanding the full impact of our client’s injuries was important when assessing the compensation she would need.

Our specialists instructed medical experts across several disciplines, including neurology, neuropsychology and audio vestibular medicine. Their evidence helped investigate our client’s injuries and identify her ongoing needs.

Our client had lost multiple teeth in the collision. The NHS dentures she received afterwards were causing continuing pain and discomfort.

A dental surgeon was instructed as an expert and identified that our client required extensive private restorative dental treatment involving implants. Her lifetime dental requirements alone were assessed at a five-figure sum.

Crucially, this expert evidence supported the part of her claim relating to the cost of future dental treatment.

A number of settlement offers were made during the claim. Barrister David White of 12 King’s Bench Walk joined the wider legal team to advise our client on the settlement offers.

Taking account of our client’s past losses and the medical evidence supporting the cost of her future treatment, the legal team was able to advise her on a reasonable range for settlement.

Following negotiations with the defendant’s representative, our client’s claim settled for more than three times the defendant insurer’s first offer.

Our client was also advised about setting up a Personal Injury Trust.

A Personal Injury Trust can hold compensation separately so that it is disregarded when assessing entitlement to means-tested benefits, subject to the relevant rules.

Our client chose to establish a Personal Injury Trust to protect her current and any future entitlement to means-tested benefits. This meant the work following settlement considered not only the compensation secured, but how it could be held for her future.

The final settlement was more than three times the defendant insurer’s first offer.

Reaching that outcome followed a detailed investigation into the different ways the collision had affected our client. This included specialist evidence about her brain injury, balance symptoms and dental injuries, as well as evidence of the future dental treatment she would require.

Alongside the final settlement, our client had received an interim payment during the claim and support with her rehabilitation. She was also able to put arrangements in place to protect her compensation following settlement.