Cycling accidents – Tilly’s story

Prior to the accident, Tilly was always an energetic young lady who was about to sit her A’levels before heading to University. She exercised regularly, cycling was her favourite activity, and she used exercise as a means of coping and dealing with her Aspergers driven anxieties and to help overcome an eating disorder she had suffered with during her teenage years.

Whilst out cycling, she was hit by a car driver who was ‘blinded’ by the low sun, and she suffered serious injuries to her knee.

With her A’levels just a matter of weeks away, Tilly’s anxiety increased dramatically. This, coupled with the need for surgery on her damaged knee, meant that she had to postpone sitting her A’levels and retake her final year at school. The knock-on effect of this was that she started University one year later than planned, and therefore would not be able to start paid employment until one year later than anticipated.

Tilly had an operation to repair her knee ligaments – she suffered ACL and MCL ruptures and tears – and commenced rehabilitation to get back to full fitness. Within 1 year of injury, she had made, to all intents and purposes, a good recovery, and by 2 years post injury, had achieved optimal recovery. Tilly’s pre-injury attitude to exercise meant that she embraced the rehabilitation exercises, but sometimes did too much in her drive to return to full fitness in the shortest possible time.

Medical evidence obtained from an Orthopaedic Surgeon as part of the major trauma injuries claim she made against the driver of the car showed that she would likely have some residual symptoms, which whilst may seem trivial to others, were significant to Tilly due to her Aspergers.

Tilly’s solicitor, Michael Wangermann from Major Trauma Group member firm, Ashtons Legal, put forward an offer to the Defendants to settle the claim for £75,000, with the Defendants putting forward a “final” counteroffer of £60,000 (there had been an initial pre medical offer of £25,000). However, a pain management report was obtained, and on receipt of this report, Ashtons withdrew the offer to settle at £75,000 and the case proceeded to a Joint Settlement Meeting, where all parties meet together to discuss the claim, and to try to achieve settlement.  In Tilly’s case, this was achieved at approximately £150,000 and it was not necessary for the case to proceed to trial.

Whilst no amount of money can undo the injuries Tilly suffered and the impact those injuries have had on her life, the funds received will ensure that Tilly has access to ongoing support and rehabilitation should she need it, and to compensate her for the year’s salary that she has potentially lost due to her education, and therefore her ability to commence paid employment, being delayed by a year due to the cycling accident.