In a significant legal victory, Melinda, a buildings and facilities manager in her 40s, secured a six-figure settlement after a severe cycling accident in North London. This case highlights the importance of expert legal support in complex cases involving head injuries and the challenges claimants face during litigation.

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The Accident: What Happened?

Melinda was cycling southbound on a segregated bike lane in the summer of 2021, separated from traffic by upstanding vertical wands. Despite the protection offered by this cycle lane, a motor vehicle driver turned left across her path into a minor road, leading to a collision that resulted in serious injuries for Melinda.

Although the cycle path was later upgraded to a raised separated lane by 2024, it was too late for Melinda. She feared a finding of contributory negligence because she noticed the car’s left-turn signal before the accident. However, our team successfully argued that the driver was entirely at fault, securing a settlement on a 100% liability basis.

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The Injury and Its Impact

Though Melinda did not lose consciousness during the accident, she suffered from severe brain injury symptoms, including dizziness, vomiting, memory and concentration issues, word-finding difficulties, and overwhelming cognitive fatigue. Despite an initial clear CT scan, Melinda’s symptoms persisted and worsened, affecting her daily life and ability to work.

As the breadwinner of her household, the pressure to maintain her employment weighed heavily on her. However, after two years of struggling to remain in her position, it was agreed between Melinda and her employer that she could no longer continue in her role. This left her unable to work and reliant on the compensation we were seeking on her behalf.

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Expert Legal Approach: Proving the Case

At Cycle Legal, we frequently handle complex cycling accident cases involving head injuries. Melinda’s case required a detailed investigation and gathering of multiple expert opinions to prove the extent of her injury and its long-term impact. Our legal team secured evidence from:

• Neurology
• Neuropsychology
• Neuropsychiatry
• Audiovestibular medicine

The defendant’s legal team also obtained their own medical evidence, attempting to argue that Melinda’s pre-accident mental health played a role in her current symptoms. However, our expertise in cycling accident claims allowed us to successfully counter these arguments. We identified a crucial error in the defendant’s case, where two of their medical experts deferred to neuropsychiatric opinions—yet only our team had a neuropsychiatrist involved.

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Cycle Legal's Tailored Legal Strategy

One of the key challenges in this case was addressing Melinda's inner ear issues. Using our audiovestibular specialist’s testimony, we demonstrated that the accident caused damage to Melinda’s inner ear, leading to her severe dizziness and balance issues. The defendant attempted to discredit this evidence with their own specialist, but we successfully upheld our findings.

Through this approach, we were able to secure the substantial six-figure settlement that would provide Melinda with the necessary financial security for her future.

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Settlement and Future Outlook

By autumn 2024, after three years of complex litigation, Melinda’s case was resolved with a six-figure settlement. This compensation was based on our argument that she may never return to the workforce, securing her loss of earnings until retirement age. Despite the defendant’s attempts to minimize her compensation, suggesting she could return to work after minimal therapy, the rehabilitation evidence proved otherwise.

With the cycling accident claim settled, Melinda can now focus entirely on her rehabilitation without the burden of litigation hanging over her. Both sides hope that this resolution will allow her to make further gains in her recovery.

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Challenges During the Litigation Process

Throughout the litigation process, Melinda experienced significant emotional strain. She was understandably concerned about surveillance—a common tactic employed by insurers to investigate significant claims. Though we reassured her that invasive surveillance into her home was unlikely, the idea of being under constant scrutiny added an extra layer of stress.

Thankfully, the defendant’s legal team confirmed that they raised no issues regarding Melinda’s credibility, and the surveillance produced no damaging information. This honest and straightforward approach helped solidify her case and ensure the success of her claim.

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Conclusion: A Hard-Fought Victory for Melinda

This case underscores the importance of expert legal representation in cycling accident claims involving serious head injuries. Our team’s thorough investigation, strategic evidence gathering, and ability to expose flaws in the defendant’s case led to a successful settlement.

For Melinda, this substantial compensation means more than just financial relief—it offers the chance for a better future as she continues her rehabilitation journey.

If you or someone you know has been affected by a cycling accident, remember that you’re not alone. We’re the UK’s first and only law firm specialised solely in dealing with cycling injuries. As fellow cyclists, we’re passionate about cycling and want to do our best for you. So, if you want to make a bicycle accident claim or believe you're entitled to some cycling accident compensation, call 0203 735 9652 or email us at [email protected] for someone to talk to about your case.