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Claimant knocked off his bicycle suffering multiple soft tissue bruising

Factual background

We were instructed to act for the Claimant in his claim for compensation for personal injury and consequential loss following a road traffic accident. Our client was riding his bicycle along a familiar straight road when he was suddenly hit in the rear by a vehicle driven by the Defendant. The force of the collision caused the Claimant to lose control of his bicycle and he flew over the bike and ended up on the tarmac surface of the road.

Initial legal steps

A Letter of Claim was forwarded to the Defendant  clearly setting out the reason why fault was alleged and the action was being brought. The Defendant Insurers had previously admitted liability to the Claimant directly but it was some time before a formal admission of liability was provided.

Medical status

The Claimant was attended by Police and Ambulance services at the scene of the accident. The Claimant experienced pain to the left shoulder, back of his right calf and bruises to his right buttock. He attended his GP when the symptoms persisted and was referred for physiotherapy treatment. The symptoms to the Claimant’s left shoulder continued to aggravate him and he attended his GP once more where he was referred to undergo a further course of physiotherapy treatment.

The Claimant was examined by a Consultant Orthopaedic Surgeon within whose report it was confirmed that the Claimant had sustained a soft tissue injury to the back of the right calf and the right buttock from which he had recovered in a few weeks. The Claimant had also a soft tissue injury to the right knee as a result of the index accident which it was estimated would resolve within 6 months of the accident date. In addition, the Claimant had sustained an injury to the left shoulder which had been treated successfully with physiotherapy and anti-inflammatory tablets. The overall prognosis for this injury was in the region of 2 years from the accident.

Claim issued

Quantum not being agreed prior to the third anniversary of the accident, proceedings were issued out of the Northampton County Court. We put forward an offer to settle the matter in the sum of ¬£5,121.00 in respect of the Claimant’s claim for personal injury and consequential losses. The Defendant returned with a counter offer in the sum of ¬£3,860.00 which was accepted by the Claimant.

Our client was very happy with the terms of settlement which also included his legal fees being met by the third party insurers on the predictive costs regime basis.