Brachers secures over half a million pounds compensation following motorcycle collision

Background

Brachers successfully recovered over £500,000 in compensation for a claimant, a tree surgeon, after a life-changing motorcycle accident in Wales. The claimant’s stationary motorbike was hit from behind, catapulting him into the air and causing severe spinal injuries, multiple fractures, and significant psychological trauma. He was airlifted to Royal Stoke hospital, where he developed life-threatening bilateral pulmonary emboli and suffered a head injury with post-traumatic amnesia.

The case was handled throughout by Jeremy Horton, ably assisted by Lyn Lester, acting on a no win, no fee basis.

Client’s life before the accident

The claimant was an extremely fit and active individual who loved the outdoors. He ran his own tree surgery business, which involved climbing and dismantling large trees, lifting heavy machinery, and tree branches. He enjoyed motorcycling, cycling, rock climbing, and white-water canoeing, often participating at a high level. The claimant had a passion for cycling and regularly undertook 100-mile bike rides, holidaying in the Alps each year for adventure sports.

Injuries and losses

Following the accident, the claimant underwent major surgery to fixate his spinal fractures with two metal rods. He experienced extreme pain despite heavy doses of painkillers and developed bilateral pulmonary emboli, requiring anti-coagulants and oxygen support. His mobility was severely restricted, and he suffered ongoing pain, shaking, spasms, and disturbed sleep. The claimant also experienced cognitive issues, including impaired memory and word-finding difficulties, and significant psychological distress, including depression and post-traumatic stress disorder.

After a few months, he was able to return to driving and riding a motorcycle but remained anxious and fearful. He underwent several courses of psychotherapy and cognitive behavioural therapy. The claimant was unable to work as a tree surgeon for the first five months, leading to considerable financial loss. The business, run with his brother, had to turn down many jobs. He gradually returned to small admin tasks and light physical work but remained limited in his capacity. His recovery plateaued, and he remained restricted in the tree surgery work he could do, suffering ongoing loss of earnings.

Impact of the accident

Despite his efforts in rehabilitation, the claimant remained limited in his work and physical activities. He continued to suffer from thoracic and thoracolumbar spine pain, reduced sensation in his left hand, and ongoing rib pain. His clavicle fracture remained un-united, and he experienced exhaustion and reduced stamina. The claimant was no longer able to run and had to use walking poles. He could ride a mountain bike for short distances but could no longer ride a normal bicycle. His rock climbing and white-water canoeing activities were significantly reduced.

Outcome of the case

Brachers obtained interim payments and extensive rehabilitation funded by the Defendant’s insurers, including physiotherapy, gym membership, psychotherapy, and private surgery to remove the metal spinal rods. Medical reports from various specialists supported the claimant’s claim, including a Spinal Surgeon, Neurologist, Respiratory Physician, Psychiatrist, Neuropsychologist, and Pain Management Consultant. The Pain Management Consultant recommended a two-year pain management program, but the Defendant’s Spinal Surgeon advised that further treatment would be unlikely to improve the claimant’s condition, suggesting early retirement from tree surgery work.

Upon our advice, the claimant opted to seek settlement rather than undergo further lengthy pain management treatment. Calculation of losses was complex due to the nature of the claimant’s tree surgery business, involving both salary and dividends from profits. Jeremy Horton prepared a detailed 70-page schedule of losses, supported by documentary and witness evidence from the claimant, his wife, and brother.

A joint settlement meeting took place between the parties and their legal representatives. The Defendant involved an experienced barrister, Lee Evans, prompting Brachers to engage their own counsel, Perrin Gibbons. Her skilled input and good working relationship with the opposing barrister helped achieve a fair and reasonable settlement of over half a million pounds plus costs.

Client’s comments

“Thank you for all your hard work. You have made a very traumatic situation slightly easier to cope with and maintained a good sense of humour throughout!  We have been impressed with your dedication to detail and communication with us.  We have felt very supported by your team and genuinely felt that you had our best interests at heart.  Thank you for everyone’s professionalism and human touch.”

How can we help you?

Jeremy Horton, Partner and Head of Personal Injury at Brachers, specialises in complex personal injury claims. If you have suffered serious injuries or losses, contact Jeremy at jeremyhorton@brachers.co.uk or 01622 680415. If you would like to know more about pursuing a personal injury claim, book a 30-minute virtual appointment.

This content is correct at time of publication