Cyclists should wear appropriate head protection due to the serious risk of sustaining injuries in a motor vehicle collision. Even minor brain injury resulting from a collision between a bicycle and a motor vehicle may have a devastating impact on the victim’s life. Vans and cars pulling out of junctions, overtaking, crossing a roundabout or simply in heavy traffic often fail to negotiate around a cyclist. Because drivers of motor vehicles often do have difficulty seeing a cyclist, particularly in poor weather conditions, it is essential that a bicycle rider wears bright clothing or a Sam Brown belt. In order to claim damages accident claim solicitors must show that the driver of the motor vehicle was negligent which implies that the vehicle driver failed to drive in a reasonably competent manner when compared to other similar road users.
Compensation Awards
The value of an award of compensation depends on the extent of the injury, the recovery period and whether or not there are any long-term disabilities. Judges assess the value of claims by comparing the facts to previously decided cases and after consideration of the Judicial Studies Board Guidelines. Prior to deciding the judge will also hear representations from accident claim solicitors acting on behalf of the claimant.
The following values for head injury compensation claims are extracted from Judicial Studies Board Guidelines:-
Very Severe Brain Damage – Involves the need for full-time nursing care. Damages awards are affected by the degree of insight, life expectancy and the extent of physical limitations. £150,000 to £225,000.
Moderately Severe Brain Injury – Involves serious disability with substantial dependence on others for professional care. The award will be affected by the degree of insight, life expectancy, physical limitations, degree of dependence on others, ability to communicate and behavioural abnormality. £125,000 to £155,000.
Moderate Brain Damage I – Moderate to severe intellectual deficit, personality change, changes to sight, speech and senses and no prospect of employment. £80,000 to £125,000.
Moderate Brain Damage II – Moderate to modest intellectual deficit, reduced ability to work and some risk of epilepsy. £50,000 to £80,000.
Moderate Brain Damage III – Concentration and memory are affected, reduced ability to work and a small risk of epilepsy. £25,000 to £50,000.
Minor Brain Damage – Persisting problems including poor concentration, memory issues and mood changes, which interfere with lifestyle, leisure activities and future work prospects. The award is affected by the extent of the injury, residual disability and the extent of any personality change including depression. £10,000 to £25,000.
Minor Head Injury – In these cases brain damage is minimal. £1,000 to £8,000.
Epilepsy I – Grand Mal. £55,000 to £80,000.
Epilepsy II – Petit Mal. £30,000 to £70,000.
Minor Epileptic Incidents £7,500 to £15,000.