Male Claimant 45 years of age at date of road traffic accident. Defendant emerged from a side road and knocked the Claimant from his motorbike. Liability vigorously disputed and Defendant relied on the allegation that Claimant's headlights were not illuminated at the material time. Claimant suffered multiple injuries of the utmost severity. Claim settled for a gross settlement figure of £312,996.45.
Case Study 2Male Claimant 31 years of age at the date of the road traffic accident. Claimant uninsured at material time but was injured when Defendant emerged from a side road on a privately owned industrial estate, knocking the Claimant from his motorbike and causing severe injuries to the Claimant, the most serious of which was a fracture to the left knee which resulted in the Claimant having to undergo ligament reconstruction surgery. The case involved complex issues of future loss.
The claim was settled in the gross sum of £109,500 following a full day settlement conference.
Claimant male lorry driver, aged 44 years. The Claimant was a rider of a motorbike with pillion passenger. At a set of temporary traffic lights the Claimant overtook a line of traffic when the Defendant pulled through the line of traffic from a side road with the intention of turning right.
The Claimant and his passenger were thrown from the motorbike and were badly injured. The Defendant's Insurers sought to deny liability and offered to settle on a 20/80 basis in favour of the car driver, relying on the pro Defendant case of Powell -v- Moody. A Barrister felt this offer should seriously be considered.
We managed to secure an offer of 50/50 on liability, 30% more than the Claimant would have received if the Defendant's offer had been accepted. An offer was accepted for £60,000 for injuries, loss of earnings and nursing care. The Claimant received £30,000 net of the agreed split liability.
The Claimant motorcyclist was overtaking the Defendant's motor car when the Defendant's motor car pulled out to overtake a vehicle in front of it.
The Claimant motorcyclist sustained catastrophic injuries, including a leg amputation and numerous fractures. The Police commenced a prosecution against the Claimant motorcyclist for the offence of driving without due care and attention. These criminal proceedings were later withdrawn, following representations by ourselves.
The matter proceeded on a "No Win, No Fee" basis. Liability was fully disputed to trial. The matter settled at the doors of the Court at 75/25 in the Claimant motorcyclist's favour. The issue of the value of the claim also proceeded on a fully contested basis and a court date was set for the assessment of damages.
Just before the hearing compensation was agreed at over £300,000.
I'd never claimed for anything before so was a bit daunted by the whole process. Higgins & Co showed me how easy it was and how much extra I could claim for. Thank you.
Wendy Billingham,
Kent