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Case Study: Motorcyclist Suffered Multiple Soft Tissue Injuries and Damage to Scrotum
Mr F Was Awarded £9,000
JMW has secured compensation totalling £9,000 for a motorcyclist who suffered multiple injuries after a car suddenly reversed into him and caused the bike to fall on top of him.
Mr F, a motorcyclist, was injured after a driver suddenly reversed into him whilst traffic was stationary. It caused Mr F’s motorcycle to shoot back, the petrol tank to hit him in the groin and the bike to fall over and land on top of him. He sustained soft tissue to his back, shoulders, legs, knees and scrotum, as well as suffering severe soft tissue injuries to his wrists. He decided to make a claim and got in touch with JMW Solicitors, where our road traffic collisions team handled his claim.
Mr F provided us with details about his accident, injuries and the symptoms it had caused. After discussing the situation with Mr F, we arranged for a series of physiotherapy sessions for his back, which was a source of particular pain. We also asked him to provide us with details about any financial losses he may have had as a result of the accident, to enable us to build a picture of the areas of Mr F’s accident had affected his life, and what he would be entitled to make a claim for.
On contacting the insurer of the driver of the vehicle that had injured Mr F, the defendant, they confirmed that they were accepting responsibility for Mr F’s accident and injuries.
Mr F’s injuries were causing him problems, particularly his wrist injury. He experienced tightness, stiffness and swelling in his wrists, making them painful and affecting him daily. He also confirmed that whilst he had had an ultrasound on his scrotum, he’d never received the results and still suffered from pain there. We arranged to get copies of the ultrasound, and for Mr F to be examined by an independent urologist, to provide a specialist view on his scrotum injury. The urologist’s report confirmed that Mr F’s symptoms had still not settled, and that they would, although it would take time, and his pain could only be treated with over the counter painkillers and anti-inflammatories.
We also organised an examination by an independent orthopaedic surgeon, to provide an independent medical report on his other injuries. The report confirmed Mr F’s lower back, pelvic, knee and wrist injuries, however the medical expert could not find any clinical cause for Mr F’s continuing wrist pain. It recommended he be sent for an MRI scan so that he could be assessed further. However following the examination, Mr F attended some hand therapy sessions, and these eased his pain so much that he did not require an MRI scan.
Settling the claim
Now that our team had all the appropriate medical reports, Mr F wanted us to try and settle the case. However, he was also making a second claim, for an unrelated car accident he had been involved in, after his motorcycle accident. The car accident caused Mr F to give up driving, and the lawyer dealing with this claim wanted to an independent psychiatrist to provide a medical report on the impact the car accident had had on Mr F.
We advised him that the psychologist may find a link between the two accidents. If he settled the case now, Mr F would not be able to claim for any psychological damage possibly caused from his motorcycle accident. Mr F decided to go ahead with trying to get a settlement on this case without the psychology report, as he did not feel that he had psychological symptoms as a result of his motorcycle accident.
We therefore sent off copies of the medical reports, and a schedule of loss document, outlining all of Mr F’s financial losses as a result of the accident, to the defendant’s insurer. Based on this, the defendant’s insurer made an offer to settle Mr F’s claim. Our team were happy with the sum offered for Mr F’s financial losses, but felt the offer to compensate him for his injuries should be higher, particularly as scrotum injuries are fairly irregular in this sort of case. We asked if Mr F would be happy for us to negotiate an offer that was reflective of his injuries, which he was.
After a lengthy negotiation process, the defendant’s insurer finally put forward an offer of £9,000. We passed this offer to Mr F, who decided he would accept it. He was very grateful for our assistance in the case, and guidance in resolving an unusual combination of injuries caused by a motorcycle accident.