Motorcyclist receives extensive rehabilitation and £4.5m following catastrophic crash

David Sears, associate solicitor at Minster Law, successfully recovered more than £4.5m for a client left severely injured as a result of a motorcycle accident that was caused by another road user.

Martin, a keen motorcyclist was left severely injured as the result of a motorcycle accident caused by another road user.

He suffered severe injuries including a traumatic brain injury where blood collected between the skull and the surface of the brain. The blood clot caused dysexecutive syndrome, frontal lobe brain damage which triggered behavioural and emotional changes. The client also suffered from significant cognitive decline. Organic personality changes left the client suicidal at times and they suffered with vestibular symptoms which reduced their quality of life, particularly in the early stages of their recovery. The client also suffered a fractured femur, hand injuries, and spinal injuries.

The client was put in touch with the team at Minster Law and associate solicitor, David Sears, an expert in bike serious injuries, to get him the rehabilitation and legal support he needed.

The traumatic brain injury affected the client’s ability to make decisions and a deputy was authorised at an early stage to manage their finances, with a litigation friend was appointed to manage the claim.

The litigation friend said Minster Law helped them and their family through a very hard and emotional few years.

“Our case was not an easy case, but we were always kept up to date with the progress and areas we didn’t know were explained to us when needed. I cannot thank David and his team enough and would have no hesitation in recommending him.” 

Given the significant injuries and their effect upon the client, Minster Law secured funding via interim payments to ensure excellent rehabilitation could be provided to improve the client’s condition. The client was treated at a private hospital specialising in brain injury once their medical condition was stabilised. A full package of rehabilitation was put in place and managed by a specialist case manager to provide maximum recovery from the injuries. A key focus for Minster Law and those involved in recovery was to ensure our client was able to keep independence and autonomy where possible.

The client underwent extensive rehabilitation which included neuropsychiatry, neuropsychology, neurophysiotherapy, occupational therapy, speech and language therapy, endocrinology, neuro-otology, hydrotherapy, music therapy, and sleep medicine.

The client has, with the assistance of the rehabilitation team, made improvement in many areas of their condition, though many symptoms continue. The client successfully pursued a trial of independent living, moving into their own accommodation which was funded by the claim. Suitable accommodation was sought owing to the client’s leg injury, imbalance, and visual problems. Specialist support workers have assisted the client in accessing the community and implementing the recommendations from the treatment team.

The client had trialled some voluntary working but was unlikely to return to paid work and they remained vulnerable and in need of protection by a professional deputy in relation to their finances. Although the client was admirably keen to rely as little as possible on others for their day to day living, they continued to require support workers to assist them in the future and continues to require therapeutic input, especially in monitoring their neuropsychological and neuropsychiatric symptoms.

The case was complex, and a range of experienced experts were instructed in 15 different fields to assist in the rehabilitation of the client and in valuing their claim. The claim was further complicated by the insolvency of an EU-based insurer and the issue of Brexit, which raised issues as to who would pay the compensation. The legal team, which included very experienced Queen’s Counsel, managed to secure settlement despite complications. The settlement was approved by the High Court of Justice and included substantial claims for ongoing rehabilitation to support the client’s gains, lost earnings, loss of pension, ongoing support from a case manager and support workers, suitable accommodation, aids and equipment, and professional deputy fees.

David said he was very pleased to have helped the client and their family to achieve a great result for them in what was a complex case.

“The client and their family suffered a very traumatic time following the accident. While the client has made some improvement in their condition through their own hard work and that of their family and rehabilitation team, the settlement will be important in securing their future and ensuring that they have all of the help that they need.”

*The name has been changed to protect the confidentiality of our client