Personal Injury
Rehabilitation Support

Rehabilitation support and £396,000 damages for cyclist left unable to return to work after being hit by car

cycling accident
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Sarah Kidd

Manager, Personal Injury (Fixed Costs) & Associate Solicitor

5 min read time

Hudgell Solicitors has secured £396,400 damages for a cyclist left unable to return to his work due to the serious ankle injury he suffered when hit by a car.

The man has been supported with an extensive package of rehabilitation since his accident, secured via the personal injury claim.

Solicitor Sarah Kidd also helped secure a final damages settlement more than £140,000 higher than that originally offered by the defendant’s legal representatives.

The man suffered a triple fracture to his ankle which required metalwork inserting. The fractures failed to heal and he had to be readmitted into hospital on a number of occasions suffering from pain, swelling of the leg and infections.

The metalwork was eventually removed and he underwent an ankle fusion operation.

A Case Manager was instructed following an admission of liability by insurers acting on behalf of the car driver and a programme of rehabilitation was put in place to assist him in coping in his daily life.

He was also supported when attending medical appointments, whilst all costs of travel via a taxi were covered to ensure he could get around without his bicycle.

Mrs Kidd, a specialist in handling claims for compensation relating to serious injuries, said: “This was a case in which the initial injury did not appear to be life-changing, given that it was a fractured ankle.

“However, as the injury has never properly healed it has had a huge impact on my client’s life. He has been through a really difficult few years since his accident in which he has had to undergo repeated surgery, endured constant pain and had to face the disappointment of little progress being made in terms of the strength of his ankle.”

Higher damages offer secured after independent medical evidence gathered

The accident was caused when a car driver pulled out from a minor side road directly into the path of our client, who was travelling along a main road, knocking him from his bike.

As part of the legal claim it was alleged the car driver had failed to ‘give way’ as instructed by road markings, had driven into a major road when it was unsafe to do so, had failed to keep a proper lookout and exercise proper care and attention, and had failed to notice the presence of the oncoming cyclist.

Representatives of the defendant admitted full liability for the accident just a month after a claim was submitted to them in May 2018, but given our client’s ongoing issues with regards his recovery and treatment, further work was required to quantify the damages he was entitled to.

“Despite the admission of liability being forthcoming, which was of course appreciated and beneficial in terms of providing ongoing treatment and support, we were not able to quantify the full value of the claim at that stage as our client was still undergoing extensive treatment,” explained Mrs Kidd.

“To support the claim we obtained his GP and hospital records to build a detailed chronology of the medical treatment he had undergone, and we instructed an independent Consultant Trauma and Orthopaedic Surgeon to give an opinion on our client’s longer-term prognosis.

“This was all compiled before making a claim to the court for past and future loss of earnings, and pension loss given he had been left no longer able to work.”

Following proceedings being issued to the court the defendants made an initial offer of £250,000 to settle the matter out of court, an offer rejected by our client following meetings with our legal team. A second offer of £396,411.14 was then made, which our client accepted out of court.

Mrs Kidd added: “This was a difficult case due to the nature of the injuries, which on initial assessment did not appear to be the kind to cause a long-term impact, but in time did develop to prevent my client from being able to return to work.

“It was therefore extremely important that we established a case for significant damages, reflecting the loss he has suffered, and will continue to suffer, due to not being able to return to his job.

“I was pleased to be able to secure a significantly higher final settlement than was initially offered, and of course ensure there was rehabilitation support provided throughout the claim period.”

If you’ve been injured in a cycling accident that wasn’t your fault, you may be able to claim compensation.

Our specialist team of cycle accident solicitors will investigate the circumstances of your cycling accident fully and identify who was legally responsible for what happened to you, or your loved one, so you can be assured we will give you straightforward and honest advice so you know all of your options from the start.

Our dedicated team have helped thousands of cyclists get the cycle accident compensation they deserve to get their lives moving again. You can begin your claim here.

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