Higher settlement secured following pressure of early settlement

Our expert solicitor, Phil Kyte, secured £700,000 for our client following conclusion of medical evidence and despite an early settlement of £40,000 being pushed by insurers.  

We acted on behalf of a 38-year-old motorcyclist, Chris Bernard*, who was involved in a road traffic accident in June 2017.

Chris was filtering down the outside of a lane of stationary traffic when a car suddenly, and without any warning, pulled out from a side road into his path, knocking him to the ground.

Minster Law was instructed shortly after the accident and through our specialist legal team, was able to secure an early agreement with the defendant’s representatives on the question of liability which allowed us to give Chris the reassurance that he would be receiving compensation for the significant injuries he sustained.

As a result of the collision, Chris suffered an open fracture to his left leg which required surgery and external fixator frames being applied for six months. He has since been left with permanent aching in his leg, walks with a limp and is likely to require further surgery in the future.

Chris was a car mechanic and was off work for eight months after the accident and, even upon his return, was unable to carry out the heavier aspects of his role such as removing engines and had to rely on help from colleagues. Due to the difficulties he has encountered, he has had to change jobs on two occasions to lighter, less pressurised mechanical work to allow him to manage his injuries.

We were able to obtain medical evidence in relation to the fracture, but, during his honeymoon two years later, he was bitten by a horsefly which led to him being diagnosed with post-thrombotic syndrome and significant ulceration to his lower leg, which means he will need to wear compression stockings for life.

In the meantime, the defendant tried to pressure Chris into early settlement by making offers before the medical evidence was complete. This culminated in an offer of £40,000 at the time he was undergoing investigation for his leg ulceration.

We were able to obtain further medical evidence that established the ulceration and post-thrombotic syndrome were due to the weakness in the skin tissue following the fracture and not the bite itself. This was an important breakthrough as he was having great difficulty keeping his leg clean at work and was struggling with day-to-day tasks.

Following conclusion of the medical evidence, we persuaded the defendant to attend a joint settlement meeting where an agreement was reached and the claim settled for £700,000.

Our specialist catastrophic injury solicitor, Phil Kyte, who acted for Chris said:

“This was a very complex case from a medical perspective and we had to ensure we obtained the correct evidence in support of the claim. I am so glad for my client that we were able to do so as this led to a much higher settlement than may otherwise have been achieved. I am happy that we were able to press the defendant to make realistic settlement offers that ensured Chris was properly compensated for the awful injuries he suffered and the lifelong medical treatment he will now require.”

On settlement of the claim, Chris said on behalf of himself and his wife. “After a road traffic accident in 2017 Minster Law was appointed as our solicitor. Both Anthony and Phil have done a superb job. Extremely helpful, always replied to emails and direct calls straight away. In 2019 the case became a lot more complex due to secondary injuries sustained as a result from the accident. At all times, we had help to understand the legal side of the case plus their support finding the right consultants, determined to do a thorough job. I cannot thank you enough for the service you provided to us.”

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