Case Studies: Litigation

£250,000 for Motorcycle Accident

O’Reilly Stewart were instructed on behalf of Mr J following a motorcycle accident in August 2014.  Dionne Darragh acted.

Mr J was riding his motorcycle on the Bangor Road when the other driver pulled across his path causing the collision.  Liability was admitted following pre-proceeding discussions and an interim payment was requested in the sum of £5000. Mr J sustained a complex 4 part multi fragmentary fracture of the right proximal humerus which required surgical fixation.  He also had a deep laceration to his right elbow.

Concern was raised by the medical experts at an early stage that Mr J would be left with substantial stiffness of his shoulder in the long term with restriction of internal and external rotation of the shoulder.  High Court proceedings were issued to progress the claim and a further interim payment of £15,000 was sought and awarded by the Master.At the time of the accident, Mr J was completing his first year of a Nursing degree.  The medical experts indicated that the injury would jeopardise his training and ultimately it transpired that Mr J was unable to pursue his career as a nurse.

Accordingly, further investigation into the nature of the shoulder injury was required and nerve conduction studies confirmed mild lesions affecting the upper brachial plexus trunk of C5/6.  Furthermore, Mr J developed avascular necrosis of the right shoulder and the experts indicated that surgical intervention would be required in the future.  It became apparent in light of the deterioration of his shoulder, that Mr J would be limited in terms of his ability to conduct manual activity.  The Defendant’s medical evidence largely echoed the reports obtained on behalf of the Plaintiff. The significant issue in the case was the restriction in employment.   Independent evidence was obtained from a Forensic Accountant commenting on the restriction in employment due to disability, resulting in reduced future earnings and also the probability that Mr J’s working life would be shortened in light of the severity of the injuries.

The case was listed for Hearing in November 2017 and negotiations proved successful on the morning of the Hearing.  The case settled in the sum of £250,000 plus CRU.

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