Motorcyclist suffers head injury
A motorcyclist suffered a catalogue of physical injuries, but most serious long term was a head injury.
The rider was overtaking a tractor which turned right across him, and then ran him over. By establishing the tractor did not indicate, Mark Thompson secured a compensation settlement in excess of £1 million for the motorcyclist.
The defence argued excessive speed – almost an automatic argument when a motorcyclist is involved I am afraid.
The serious effects meant the rider lost the ability to continue with his career. He required adapted housing and might need long term care if he becomes wheelchair dependent. Add to this an acquired brain injury, and a simple vehicle turn had very serious consequences. The head injury was important even though the effects were subtle. Such injury can bring about a change in personality, a heightened level of aggression and less inhibition. Judgment is often an issue, and that has to be borne in mind when a large sum in compensation is won.
Mark successfully settled this case using evidence from a range of doctors, employer, former employers, financial and pension advisers.
The settlement allowed for interim payments to be made during the action to allow for the purchase of an appropriate home, and the necessary adaptations, plus an adapted vehicle.
Ultimate settlement provided the motorcyclist with a regular tax free income guaranteed for life (called a structured settlement). The settlement was set up in a Personal Injury Trust so the compensation is ignored by the means test for State benefits. This is a perfectly legitimate way to ensure state benefits continue to be paid, despite the large capital sum won in compensation.
It was vital to ensure this man’s future was protected. The after effects of the accident were traumatic, and the lawyers job goes beyond the compensation cheque, as a complete framework for the clients future is what is required.
Read more about personal injury trusts.
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