Our client sustained a traumatic brain injury when he was hit by a car while cycling. Our serious injury lawyers managed to secure him a compensation settlement of almost £13 million.

The crash

On a summer’s evening, Rob* was riding his bicycle home. As he approached his junction, he indicated and crossed the lane to turn right, into his road. A driver in a car was driving in the same direction as Rob. As Rob turned across the carriageway, the driver drove into him.

The emergency services were called and Rob was rushed to a nearby hospital where he received life-saving care. However, he was diagnosed with a life-changing brain injury because of the collision. Rob spent four months in hospital before being transferred to a brain injury rehabilitation unit.

Having secured funding through his claim, Rob was then admitted to a private specialist brain injury rehabilitation centre to continue his recovery.

During this time, work was underway to investigate the crash circumstances. The police took no further action against the driver (the Defendant). The Defendant’s solicitors indicated they’d defend the claim, denying liability. They stated there was nothing the driver could’ve done to avoid the collision, arguing that our client failed to check if it was safe to turn across the road.

We worked to secure witness evidence and any available footage of the incident. We instructed an expert in collision investigation and CCTV analysis to determine what happened. Through careful analysis, it was established the driver had been travelling over the speed limit – 36mph in a 30mph zone. Had the driver travelled within the speed limit, the collision could’ve been avoided.

A Joint Settlement Meeting was held, where it was agreed that the driver was primarily liable for the incident. There was, however, an agreed deduction to reflect Rob’s actions on the day. Had he checked properly, he could’ve seen the driver coming and waited to cross the carriageway. This meant that any award of compensation would be reduced by 30%.

Having established this, funding for a full package of care and rehabilitation was secured. This helped Rob to move into the next phase of his rehabilitation.

Lasting damage

Before the collision, Rob was a very active person. He enjoyed running, cycling, and working out. He loved to travel internationally too.

Thanks to funding from the driver’s insurer, Rob’s rehabilitation produced positive results. This restored some of his quality of life, enabling him to travel again and enjoy time with friends and family.

However, some areas of his cognitive function were permanently damaged. His memory and attention were affected, he was easily distressed by noise and could become overwhelmed in busy environments.

While able to walk without aids, he was easily fatigued and unsteady on his feet. He was also vulnerable to strangers, being overly trusting and familiar.

How we helped

We secured expert medical evidence which looked at Rob’s therapy needs across his lifetime and future prognosis. We also collected evidence to show what Rob would need to live a fulfilling life.

It was also established that, due to Rob’s unsteadiness on his feet and concerns over his future mobility, he’d need single level accommodation adapted to his needs.

Due to the severity of his injuries, it was concluded that Rob would always need 24/7 care and support. He’d never be able to work and would need the input of a Professional Deputy to manage his affairs.

A Joint Settlement Meeting was held, where a settlement of almost £13m was agreed.

Our Court of Protection team was appointed to be Rob’s Deputy. This means they’ll make decisions on his behalf based on his best interests.

Expert comment

Rob’s case was handled by Angela Batchelor, Partner, and Peter Lorence, Senior Associate, in the Serious Injury team in London.

Speaking of Rob’s case, Angela said: “The emotional turmoil Rob and his family have faced in this difficult period is unimaginable. The injuries Rob sustained in this accident have been devastating.

“Thanks to the incredible support from the family, case manager, therapy team and carers, it’s remarkable to see what Rob has achieved so far to overcome his injuries.

“There’s no amount of money that can give Rob his old life back, but I’m glad we’ve managed to secure a large sum in compensation. This money will ensure he’s financially stable for the rest of his life, enabling him to have the care and treatment he needs, a home that’s adapted to his needs, but also enable him to travel once again.”

*The client’s name has been changed to protect their anonymity.

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