Some personal injury cases throw up huge challenges for lawyers. However, a case in which a six-figure settlement of a road accident victim's claim was achieved showed that there are few hurdles that cannot be overcome.
The middle-aged man was riding his bicycle along a trunk road at night when a car ran into the back of him at considerable speed. He sustained a serious brain injury. After proceedings were launched, however, the motorist's insurers argued that he was wearing neither reflective clothing nor a helmet. They also pointed to evidence that he was intoxicated at the time.
He had pre-existing mental health problems and possibly learning difficulties. That gave rise to a dispute as to the extent, if any, to which his care needs had been increased by the injuries he sustained in the accident. There was also a continuing question mark as to whether he had the mental capacity required to litigate and to manage his own financial affairs.
Given those difficulties, the case was acknowledged as challenging but that did not prevent a £450,000 settlement of the man's claim from being negotiated. The court required further information as to how the money would be managed for his benefit, but had little hesitation in approving the settlement in principle.