Perseverance gets the client the outcome they deserve
Motorcycle claims are rarely straight forward, but as Hayley Fairhurst explains, Minster Law strongly believes in keeping the client’s best interests at heart, which pays dividends, even when the path there isn’t easy.
My client was involved in an accident whilst out on his motorcycle, leaving him with multiple injuries and travel anxiety. The accident had a huge impact on his day-to-day life and his ability to look after his fiancé, for whom he is a full-time carer.
When I first took on my client’s case, I was able to quickly organise a course of physiotherapy, to help my client begin his recovery. I also worked with a reputable bike hire company, who provided him with a bike to help get him back on the road quickly, whilst we worked to get the value of his bike back. Both of these things were important to the client; the physiotherapy aided his physical recovery and the use of a bike provided transport for him to continue his daily activities and family support.
Unfortunately, the case itself was not as easy to resolve. The defendant took some time to acknowledge the claim, following limited available details about the accident and it was some months before the defendant’s insurer confirmed they would deal with the claim on a ‘basis. This is when the parties try to reach a settlement agreement without fear of the offer being used against them if they don’t come to an agreement.
Acknowledgement of claims in this way is generally good news, but it can be an uncertain time for a client as an offer can be retracted and further disputed at any time.
In this case, at the time the offer was received, my client was still suffering with his accident-related injuries and continuing to gather medical evidence and documentation to support his losses and out-of-pocket expenses incurred, so was not able to discuss a potential settlement.
When my client was ready, and with our full support, we progressed the case to ensure he received the best possible outcome. Our experience proved to be invaluable in this case when the defendant started imposing time delays and producing offers which I believed were insufficient to compensate my client for the pain, suffering and loss of amenity caused by the defendant’s negligence.
The first few offers were rejected. After three subsequent offers and counteroffers, my client was disheartened with the defendant’s conduct and wanted an end to the case for the sake of his own mental health, and to enable him to move on from aftermath of the accident.
At Minster Law, we believe strongly that clients should get the compensation they deserve, so with this determination I responded once more and received an increased offer which I felt represented a fair award. My client was understandably delighted and expressed that he was “very glad he listened to my advice and trusted me during a difficult time”.
It is easy to look at an injury and prognosis in a written medical report and forget about the actual human suffering in their day-to-day life. As professionals we constantly strive to achieve the best possible outcomes for our clients, ensuring they get the appropriate level of compensation to reflect their pain, suffering and losses they have incurred through no fault of their own.
In this case, as my client was keen to settle and prepared to accept an inadequate sum, achieving the appropriate award of compensation for him in the end was even more satisfying.
