Bicycle Accident*. Concussion. Cut on the head. Issues with Jaw. Back injury

Thirty-seven-year-old Jan was hit by a car while riding on his bicycle. An accident* happened in Mullingar, Co Westmeath on 7th November 2016. He was going from his house to his workplace. Jan got to an empty roundabout. He passed the first exit and was heading toward the 2nd exit. When Jan was exiting the roundabout, he was hit by a car which was behind him. Jan was thrown with force on to the bonnet and then landed on the street.

 

Liability

The driver got out of a car and saw Jan lying on the road. He asked Jan how he is and apologised for what happened. Jan complained on the pain in his back and his head. Another driver called for an ambulance and Gardai and provided his details as a witness to the accident.

 

Injuries suffered

Jan was taken to Midland Regional Hospital in Mullingar, Co. Westmeath after the accident*. The client suffered from concussion. He was in pain. His whole body was bruised especially around his lower back and buttock area. Jan had a cut on his head and reported issues with closing of his jaw and biting food. The most severe was pain in his back.

 

Treatment and effect

Jan had an x-ray taken and was diagnosed with rib dislocation. He was later transferred to Midland Regional Hospital in Tullamore, Co. Offaly where a surgery was performed.

 

Case Progression

The Personal Injuries Assessment Board (PIAB) made an assessment in respect of Jan`s case which was rejected by the client as it was not adequate compensation* for the injuries suffered. Proceedings were issued shortly afterwards in the High Court.

 

Case Settlement

The surgery was successful, and Jan was on his way to recovery. We obtained a medical report from a Consultant Surgeon in the Midland Regional Hospital which detailed Jan’s injuries, described his current condition and provided a future prognosis. The report showed that Jan had mostly recovered, however, a course of physiotherapy was advised to allow him to return to his normal life activities. The Defendant’s insurance company arranged for Jan to be seen by their doctor and their own medical report was prepared.

 

Settlement negotiations were initiated. Jan suffered considerable medical costs and was still attending physiotherapy treatment at this stage. The Defendant only partially admitted liability and did not make a reasonable offer as a compensation* for Jan`s injuries* which would include his special damages (lost earnings and other out of pocket expenses). We prepared a case for trial and an additional medical report was obtained before the trial date.

 

Trial

A judge carefully considered Jan’s evidence and the medical and engineering reports submitted by both sides. He found the Defendants liable for the accident* and awarded our client appropriate compensation* for his personal injury* and special damages. Jan’s case was finalised at this stage and he received his monies shortly afterwards.