Irvings Law recover £3.5 Million for a cyclist rendered paraplegic

Background

We acted for Roger who was involved in a life changing road traffic accident. Roger was cycling home from work on a designated cycle route wearing a high visibility jacket, and a helmet with lights on.

The Defendant driver approaching on the opposite carriageway veered onto the wrong side of the road hitting our client whilst riding his bicycle.

The severity of the road traffic accident was such that our client’s spine was severed leaving him paralysed and paraplegic. 

Liability was denied by the Defendant.  He asserted in a Defence that he was suffering from a sudden and temporary loss of consciousness, a blackout arising from a cardiac condition which provided a full defence of Automatism. The burden of proof was on the Defendant to prove Automatism.

The Defendant alleged that he had no prior notice of this condition, which was sudden and unexpected. The Defendant alleged that he had suffered from a total loss of control through no fault of his own and should not be held liable to compensate the Claimant for his life changing injuries.

If the defence of automatism was accepted by the court, our client Roger would have been deprived of any compensation.

We issued court proceedings once we had a denial of liability and sought to challenge the Defence of Automatism.

The Defendant was subject to a criminal prosecution for causing serious injury by dangerous driving but prior to his criminal trial taking place he passed away.

Representation

The Defendant’s medical records were reviewed carefully to establish whether the Defendant had any prior knowledge of his condition which should have led him to report his condition to the DVLA and stop driving.

We obtained supportive expert evidence from a Professor of Cardiology to refute the allegation that the Defendant had suffered a cardiac blackout.

Irvings law obtained crucial witness evidence suggesting that the Defendant driver had not blacked out at the scene of the accident but was very much in control of his own actions and had made a call on his mobile immediately after the collision.

Rehabilitation

A specialist spinal injuries case manager was appointed, and an interim payment obtained to ease financial hardship and liaise with the Claimant’s employer regarding a potential return to work.

The claimant’s home property was adapted to make it accessible and wheelchair user friendly, and the case manager’s recommendations were implemented to help Roger and his family adapt and achieve the best possible outcome.

We obtained medical evidence from a

• spinal surgeon
• care expert
• psychiatrist
• accommodation expert

Irvings Law were successful in producing cogent expert evidence to fight the case.   The Defendant’s solicitors made an initial offer to settle the claim which was not accepted.   We entered negotiations and secured a significant settlement of £3,500,000 which left our client secure for life.

Resolution

Our claim included general damages for pain suffering and loss of amenity, past care, past loss of earnings and miscellaneous expenses, future loss of earnings, future care and assistance in case management, future accommodation costs, future medical and therapy costs and other future expenses.

Contact Irvings

Irvings Law are specialists in handling serious injury claims and are committed to fighting and securing financial compensation for accident victims.

How much will it cost me?

We act on a “no win-no fee” basis. If your claim is successful, the costs are paid by the Defendants. If a claim is not successful, you do not pay our costs.

Have an Enquiry?

You can contact Irvings for a no obligation confidential chat by telephone on 0151 475 1999 or use our freephone number 0800 954 0243 and talk to our specialist serious injury team. Alternatively, you can submit your enquiry to us by email to info@irvingslaw.com.