Cyclist Claims for Shoulder Injury

Andrew Middlehurst

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London Cyclist wins £100,000 compensation following crash

Andrew Middlehurst recently settled a case for a cyclist who injured his shoulder and wrist whilst cycling along a London street for a sum in the region of £100,000.

The case involved a cyclist turning left on a street in East London. They were cycling on the nearside of the road a short distance from the kerb.

As he turned the corner, his bike suddenly slipped underneath him, causing him to fall.

On inspection of the road surface, it was covered in an oily substance which ran in a long line along the road. As the cyclist turned the corner, they could not see the road surface’s condition.

Witnesses confirm Local Authority liability

Witnesses who saw what had happened described a Local Authority road sweeper vehicle leaking an oily substance which had passed the area shortly before the cyclist. Details of the witnesses were taken, and one witness was willing to give a signed statement to confirm what they had seen.

Osbornes approached the insurers for the Local Authority and alleged fault. Liability for the incident was admitted.

Dislocated collarbone and fractured wrist

The cyclist suffered a dislocated collarbone and a fractured wrist, causing him significant pain, discomfort and inconvenience.

We arranged for the cyclist to be examined by medical experts. An orthopaedic surgeon with an interest in the treatment of upper limb injuries advised that there was a need for surgery. Funds were secured from the Local Authority’s insurers to pay for this surgery privately.

Unfortunately, the cyclist’s shoulder was not capable of fully recovering. Further medical evidence indicated that the cyclist would have permanent problems due to the injury.

Claim for financial losses, pain, suffering and loss of amenity

Based on these medical reports, we were able to assess and calculate the cyclist’s consequential past and future financial losses and put forward a claim for these to the Local Authority’s insurance company together with a claim for the pain, suffering and loss of amenity experienced as a result of the injuries.

The financial losses included items such as:

  • The loss of earnings suffered following the accident and following surgery;
  • The costs of surgery at a private hospital;
  • Increased public transport costs as a result of being unable to cycle;
  • The costs of handymen paid to carry out maintenance work at the cyclist’s home and rental property that they were unable to do themselves;
  • Care carried out by a family member following surgery;
  • The past and future costs of a cleaner to assist with cleaning around the cyclist’s home following the injury;
  • The costs of a personal trainer and therapist;
  • The cost of treatment to deal with the psychological impacts of the incident.

Andrew Middlehurst negotiated a settlement with the Local Authority’s insurance company without needing to issue Court proceedings.

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    • Working with Janet and Suzanna has always been a very smooth process. They render advice that is practical, often going beyond what was required of them and they respond very swiftly

      Legal 500 2024

    • Ben Posford ‘knows how to maximise the value of the claim for his clients’.

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    • "He is absolutely brilliant and is a very effective litigator for clients who don't have many options. He is very pragmatic, measured and reasonable - he appeals to common sense, which makes him an effective negotiator."

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