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Fighting for and securing a client’s lifechanging care In safeguarding a crucial long-term and full care package for a brain injured client, Slater and Gordon Lawyers faced extensive challenges and barriers in the case. and a full legal team was quickly put in place, with Stuart McKechnie KC and Nicola Greaney being instructed from an early stage.
Allegations of contributory negligence
Here, we learn more about the many obstacles presented - and how, over the course of four years, the legal team successfully overcame all of them to ensure their client now has appropriate care provision for life Slater and Gordon recently secured a multi-million pound settlement, approved by the court in 2022, for a cyclist who was hit on a roundabout suffering a catastrophic brain injury for which he will require life-long care and support on a 2:1 basis during the day.
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Case background The client, whose case was concluded by Nick Godwin, a specialist catastrophic injury solicitor at Slater and Gordon with over 20 year’s experience of life-changing injury work, was cycling around a roundabout on a bright, sunny day, when the defendant driver negligently entered the roundabout and collided with him, causing him to be knocked from his bicycle and hit his head on the ground with considerable force. It was clear from the outset, given the seriousness of the client’s injuries, that this was going to be a case of substantial value
Nick’s client was not wearing a cycle helmet and, whilst there is no legal requirement so to do, the insurers alleged that he had negligently contributed to his accident because of the absence of such protection. The insurers also made additional allegations of contributory negligence, all of which were considered spurious. Although primary liability was admitted early on, the allegations of contributory negligence were heavily pursued. Had these allegations been made out, the client could have lost as much as 25 per cent from the value of his whole claim; including a 25 per cent deduction in the value of all future care and support. So important was it to seek to defeat these allegations, the legal team decided to ask the court to order a split trial on the issue of contributory negligence, to run concurrently with directions to a quantum trial; This was resisted by the insurers at an early court hearing but the judge found for the client, commenting that a split trial would “involve the resolution of an issue which may unlock a gateway to other resolutions especially potential settlement of this matter.” Expert evidence was commissioned from a leading consultant neurosurgeon and a highly experienced cycle helmet expert / engineer.