Miller Samuel has operated a specialist Personal Injury Department for over 30 years. The Department includes a specialist Motorcycle Unit. Claims involving injured motorcyclists are often more complex than other road traffic accidents given the potential severity of the injuries, the higher instance of injuries such as knee, head and brachial-plexus injuries and the different techniques required for investigating liability.
We recently acted on behalf of an injured motorcyclist and recovered almost one million pounds in damages on his behalf. The award of damages is expected to be one of the highest out of court settlements in Scotland this year.
In this particular case, the motorcyclist sustained ankle injuries which, sadly, eventually resulted in a below the knee amputation. Serious leg injuries of this type are not uncommon in motorcycle accidents and in valuing the motorcyclist’s claim for compensation we obtained a suite of detailed reports ranging from housing needs and prosthetic expert reports, along with the usual medical reports confirming the nature of the injuries and providing a prognosis.
The Housing Needs Report assessed the suitability of the pursuer’s home given his unfortunate change in circumstances. The Report assessed whether alterations could be made to his home (for example the installation of an additional bathroom or the re-positioning of cupboards and electrical sockets) or if alternative more suitable accommodation was needed. In this particular case the cost of moving to a property more suited to the pursuer’s needs was assessed at over £200,000.
The Prosthetic Report was essential to assess the cost of having a prosthetic fitted, for alternative and replacement prosthetics and associated costs. A claimant does not need to accept a prosthetic supplied by the NHS. He has the choice of using alternative companies if those products suit him better. A pursuer is entitled to ask for the best treatment available and it is imperative that all aspects of the claim, including future implications, are taken into consideration.
If you would like more information on our Motorcycle Unit or personal injury advice, please contact Caroline L. Coyle, Associate Partner, on 0141 227 6048 or at clc@millersamuel.co.uk.
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