Our client was riding his Harley Davidson motorcycle home in November 2018 having been to see a friend. While he was travelling in a line of moving traffic, he approached and crossed a crossroads where he had the right of way. Suddenly a car pulled out from a side road on his right, driving across the main road and collided with the offside of his Harley motorcycle. The impact threw our client from his motorcycle, resulting in life-changing injuries.
The car driver had pulled out without looking or without noticing the motorcycle in a stream of traffic.
The car driver initially refused to admit fault but was later found guilty of driving without due care and attention. This led to an admission of primary fault, but contributory negligence was attributed to the client. No adequate reasoning was provided beyond a suspicion that alcohol was a factor. This prompted further liability investigations including the production of liability statements. Ultimately, the allegations of contributory negligence were withdrawn.
As a result of the collision, our client suffered multiple permanent injuries, including multiple fractures in his right leg, broken ribs, a fracture of the left thumb and a massive rotator cuff tear in the right shoulder.
Additionally, he suffered a mild traumatic brain injury with post-concussive syndrome, bilateral tinnitus with some hearing loss, and permanent anosmia, resulting in a complete loss of smell and a secondary loss of taste.
His injuries have necessitated multiple surgical procedures resulting in permanent disabilities. He now has severely limited mobility, struggles with travel and is not capable of managing stairs. Consequently, he has moved to single-storey accommodation. Before the move, our client was restricted to the ground floor of his home and before modifications were made, he lacked privacy in his own home.
After 20 years of service, his employer dismissed him for being unable to return to manual work. Unable to secure any paid employment, he is not expected to work in the future. This was extremely upsetting for our client as he thoroughly enjoyed his work as a groundskeeper, which offered varied and satisfying work and kept him fit and outdoors.
The accident has also restricted him in his hobbies and adversely affected his social life and sense of independence.
He continues to suffer both physical and psychological symptoms of pain, restricted mobility, concentration and memory deficits, complete loss of taste and smell, tinnitus and post-traumatic stress and depression. As a result, he relies significantly on his wife for support with his care, memory, and other skills.
We have helped and supported our client throughout the claim – identifying his physical, cognitive and psychological needs and gathering a supportive multi-disciplinary team to help and manage his rehabilitation.
Using the Rehabilitation Code from the start was fundamental in securing early financial support. This approach allowed us to provide ongoing support, treatment and surgery without constantly needing to justify each expense throughout the claims process. The cost of the rehabilitation was substantial.
One of the first priorities was to modify his home to create more space and privacy. Since he couldn’t manage stairs and there was no practical way to access the upper floor, these changes were essential.
Regular interim payments were secured for the client given his inability to work, including a substantial interim payment which allowed him to purchase a motorhome. Following the accident, he struggled with travel and finding suitably adapted accommodation, which meant that his experiences left him tired and unable to enjoy his holiday. The motorhome means that he and his wife can enjoy holidays again and provide much-needed outings from home.
Due to his concentration and memory issues, meetings were arranged at the client’s home. These meetings ensured he understood the claim process, the evidence supporting the claim, and the expert opinions. The information was broken down and delivered at a pace he could follow, helping him grasp both the evidence and its long-term implications.
We supported him and his wife through the rehabilitation process, supporting him through the claim and through the medical procedures, and providing separate support for his wife in understanding and coping with the life-changing effects of the accident.
Additionally, we provided support during the settlement process, including handling offers, justifying our approach, negotiating and recommending post-settlement advice to ensure financial security for him throughout his lifetime.
Supporting the client through his claim and rehabilitation highlights the importance of a dedicated team with shared values, and individual support in serious injury cases. The process involved securing funding for necessary equipment, home modifications, and significant interim payments, like for a motorhome, which restored a sense of normalcy and joy in his life.
The extensive support required addressed overlapping life-changing issues affecting both the client and his family. Family support was crucial in helping them manage daily challenges post-accident.
The settlement ensures his lifelong financial security, covering compensation for injuries, loss of earnings, ongoing care, treatment, rehabilitation, accommodation, mobility, and holiday costs. This outcome provides him with the stability needed to adapt to his new circumstances.
Both the client and his wife greatly valued our support and commitment, leaving us a five-star Trustpilot review and taking the time to write a letter of thanks.
“I first met Philip Austick following a road traffic accident I had in 2018. He put me at ease from our first meeting knowing he was here to help me with my claim. During the next 5 year process of appointments and procedures, I could ring Philip and he would talk me through what was to follow.
I would personally like to thank Philip and his team for being there for me during this dreadful time. Their advice and support was invaluable. I received excellent care and attention, advice and support…The words of understanding comfort and reassurance were above and beyond. His professionalism and knowledge are outstanding. With Philip and the team, my claim came to a life-changing conclusion. I would highly recommend Philip.”
A letter from the client’s wife
“Dear Philip,
We are writing this letter to you to express most sincere thanks for your most professional representation over the last 5+ years.
You have helped us deal with sometimes a very stressful path and in the end reaching a life changing solution / resolution.
You and your team went above and beyond to help us, taking time to speak to us at any time.
Both Verity and Rebecca too showed patience and understanding and great professional knowledge during my many enquiries. We both appreciated the emotional support showed to us by you all.
Philip we admire your work ethic and most excellent representation.
We were hoping for a 5 star treatment / service and got much more than that. I’ve looked it up and it’s called being a “super lawyer”.
Thanks Philip, Verity, Rebecca. We are eternally grateful. We would highly recommend your business and your customer service is next to none. Take care all of you.”