Archive for February, 2015

Compensation for a Brain Injury in a Motorbike Accident Approved in Court

Posted on: February 17th, 2015

A motorcyclist who was knocked off his bike by a negligent driver six years ago is to receive £10 million compensation for a brain injury in a motorbike accident.

Marcel Beasley (31) was riding his Yamaha R6 motorbike along the A453 in Nottinghamshire when, on 22nd May 2009, the driver of a car trapped in slow moving traffic attempted to do a u-turn immediately in front of the motorcyclist.

Marcel was catapulted across the bonnet of the car and landed in a ditch on the other side of the road. Due to the force of the impact, the strap on his crash helmet snapped, and Marcel suffered a severe brain injury as a result of the accident.

Marcel was airlifted to the to the Queens Medical Centre in Nottingham, where he spent several weeks in intensive care – much of which in a coma. He was subsequently transferred to the specialist brain injury unit at Richardson Mews in Northamptonshire, where he underwent fifteen months of treatment.

Due to the injuries sustained in the motorbike accident, Marcel now has limited mobility and is dependant of a wheelchair to move around. He has speech, cognitive ability and behaviour difficulties and has also lost the use of his left arm due to a brachial plexus injury.

As he was considered unable to represent himself, Marcel´s uncle – Cadell Beasley – made a claim for compensation for a brain injury in a motorbike accident against the driver of the car that had attempted the U-turn manoeuvre, Paul Alexander.

Alexander denied total liability for Marcel´s injuries – accusing him of travelling too fast for the road conditions and “filtering” in and out of the traffic. At the Royal Courts of Justice in 2012, the question of liability was resolved when Sir Raymond Jack found in Marcel´s favour.

The judge said that Marcel´s estimated speed at the time of the collision was 40mph – well within the 60mph speed limit – and that even if Marcel had been riding at a slower speed he would still have sustained serious injury. The judge also said that Alexander had a clear view behind him before attempting his manoeuvre, and that Marcel´s filtering had not been causative to the accident.

After resolving the negligence issue in the compensation claim for a brain injury in a motorbike accident, Sir Raymond Jack adjourned the case in order that an assessment of Marcel´s future needs could be made. Marcel received interim payments of compensation for a brain injury in a motorbike accident while the assessment was ongoing so that he could continue to receive treatment for his injuries.

The final settlement of Marcel´s claim for compensation for a brain injury in a motorbike accident was announced this week. The settlement is made up of a £4.2 million lump sum payment to be paid immediately plus annual tax-free index-linked payments of £175,000. The estimated total value of the claim is £10 million based on Marcel´s life expectancy. The settlement was approved by a High Court judge at the same time as it was announced.

Brain Damaged Cyclist Resolves Compensation Claim for Accident with Car in Oldham

Posted on: February 3rd, 2015

A man, who suffered serious brain damage when knocked from his bike on the A59, has resolved his compensation claim for an accident with a car in Oldham.

In September 2010, John Wellock (65) was cycling along the A62 in Oldham, when his bike was hit by a car that had pulled out in front of him. John was knocked from his bike and – despite wearing a cycling helmet – John suffered serious brain damage and was taken to hospital in a coma.

John remained in hospital for nine months – during which time he received extensive therapy and rehabilitation. He was allowed to return to his home in Mossley, Greater Manchester, only when his wife – Elaine – gave up her job to provide full-time care for her husband.

The negligent car driver who had pulled out in front of John was prosecuted for driving without due care and attention. He pleaded guilty to the charges in 2011 at Oldham Magistrates Court. After seeking legal advice, John made a compensation claim for an accident with a car in Oldham against the negligent driver´s insurance company.

The insurance company acknowledged their policyholder´s liability and after studies had been carried out to forecast John´s future care and support requirements, a £2 million settlement of his compensation claim for an accident with a car in Oldham was negotiated.

Speaking after the settlement of his compensation claim for an accident with a car in Oldham, John said: “I believe wearing a cycle helmet saved my life, I’ve been campaigning to try and make them compulsory for all. Anything that can be done to improve safety for cyclists is extremely important.”

The compensation settlement will allow John to continue receiving therapy and rehabilitation treatment while getting professional support and care from experts. Elaine – John´s wife – added “The settlement is a massive relief and a weight off our shoulders. We can now look to the future as we know that John’s care needs will be taken care of for the rest of his life”.