Head Injured Cyclist Receives Compensation Following Lorry Collision
A head injury can have life-changing consequences, even when someone appears to make a good physical recovery. Following a cycling accident, it can take weeks or even months before the full impact of a brain injury becomes clear. That's why obtaining the right medical evidence is so important before accepting any compensation offer.
This case study follows Jack, a software developer who suffered a head injury after a collision with a lorry while cycling near Elephant and Castle. Although he recovered well, specialist medical evidence revealed an increased future risk of epilepsy, ensuring his compensation reflected both his current injuries and potential long-term consequences.
The Accident
Jack was cycling with friends to a climbing session one Saturday morning near Elephant and Castle when he was involved in a collision with a lorry.
The impact caused a significant head injury and a loss of consciousness. Like many cyclists who experience a traumatic brain injury, Jack had only a hazy memory of the accident and struggled to recall exactly what had happened.
Head injuries often make it difficult for injured cyclists to piece together events, making witness evidence, CCTV footage and a thorough police investigation especially important.
Problems With the Police Investigation
Unfortunately, the Metropolitan Police investigation into the collision fell below the standard we would normally expect.
The lack of a thorough investigation risked affecting Jack's ability to pursue his claim successfully. When serious injuries are involved, early evidence can make a significant difference in establishing exactly how a collision occurred and who was responsible.
This case demonstrated why it is important for injured cyclists to seek specialist legal advice as soon as possible, allowing evidence to be preserved while it is still available.
Why Specialist Medical Evidence Matters
Before contacting us, Jack had been dealing directly with the insurer.
Despite knowing that he had suffered a head injury, the insurer was prepared to value his claim using only a GP report.
In our experience, that is rarely appropriate where a cyclist has suffered a loss of consciousness or required brain imaging following a collision.
Instead, we arranged for Jack to be assessed by a consultant neurologist. Although obtaining a specialist neurological report takes longer than a standard GP assessment, it provides a much clearer understanding of the nature of the injury, the recovery process and any potential long-term complications.
The cost of obtaining this expert medical evidence forms part of the legal claim and is normally recoverable from the defendant's insurer where liability is established.
Understanding the Long-Term Risks
Thankfully, Jack made an excellent recovery from his injuries.
However, the neurologist confirmed there remained a small but genuine increased risk of developing epilepsy in the future as a result of his brain injury.
While this risk may never materialise, it is a recognised consequence of some traumatic brain injuries and should be reflected when calculating compensation.
Without specialist neurological evidence, this important aspect of Jack's claim could easily have been overlooked.
Working With Head Injury Specialists
We are accredited by Headway, the UK's leading brain injury charity, and understand the importance of obtaining the right expert evidence following a serious cycling accident.
Every head injury is different. Some symptoms resolve within weeks, while others can affect memory, concentration, fatigue, mood or neurological function for much longer.
Our role is to ensure that clients receive the appropriate medical assessments so that any settlement accurately reflects both their current injuries and any future risks.
Find out about what you may be compensated for a head injury here.
The Outcome
Because Jack's claim was properly investigated and supported by specialist neurological evidence, the insurer agreed to pay compensation that reflected not only the injuries he had already suffered but also the increased future epilepsy risk identified by the medical expert.
It provided Jack with the reassurance that every aspect of his injury had been properly considered before his case was concluded.
Injured in a Cycling Accident?
If you have suffered a head injury in a cycling accident, it is important not to rush into accepting an early settlement before the full extent of your injuries is understood.
Brain injuries can have consequences that are not immediately obvious, and specialist medical evidence is often essential to ensure you receive the compensation you deserve.
If you would like advice about a cycling accident claim, our specialist solicitors can assess your case, explain the claims process and help you obtain the expert medical evidence needed to support your recovery and your claim.
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Call us today on 0203 735 9652 or email kevinosullivan @cycle-legal.co.uk for a free consultation – No Win, No Fee.
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