Case Studies: Litigation

Damages for Motor bicycle Accident

O’Reilly Stewart were instructed on behalf of Mr W following a motorcycle accident in May 2017.  Dionne Darragh acted.

Mr W was riding his motorcycle to work on the Castlereagh Road, when the other driver pulled out from a side road, without notice or warning.  Mr W had to brake suddenly and attempted to swerve.  He did not collide with the other vehicle, but when swerving he fell off his motorcycle.   The police attended the scene and the other driver accepted fault for the accident.  He confirmed he did not see the motorcycle and left the rider with no option but to swerve.

Following negotiations, the other driver’s insurer conceded liability, despite no contact with their insured’s vehicle. We requested an interim payment for the damaged bike gear and replacement helmet.  We also recovered our client’s excess in the sum of £650.00

Independent medical evidence was obtained to report on the injuries sustained.  Mr W attended the Ulster Hospital and his GP following the accident due to right arm and right knee pain.  Due to restricted range of movement, further investigations were required and we arrange an MRI scan of the right knee which identified a medial ligament strain and cartilage tear.  Further opinion was sought from a Knee Surgeon as to whether the cartilage tear would require operative repair.  The independent Knee Surgeon was satisfied that the injury stemming from the motorcycle accident produced tearing within the medial meniscus and in light of the ongoing pain and discomfort, Mr W may require an arthroscopic resection of the torn fragment of the meniscus.  This is a day procedure which usually resolved symptoms in 80% of patients.

In light of the medical evidence and concerns regarding future surgery, we entered into pre-proceeding discussions with the at fault driver’s insurer.

They queried whether surgery was necessary as no further review or medical attention had been sought by Mr W.

Pre-proceeding negotiations proved successful and we settled the claim in the sum of £27,500.

“In my opinion, you cannot improve on perfection!”

Mr W

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