Our client in his sixties secured a life-changing settlement that has allowed him to get the rehabilitation help he needs following an accident while cycling. Chris Smith helped put in place a home care plan as part of managing the claim.

VY enjoyed a successful career as a surveyor and latterly in property development and management. He was the owner of approximately 30 residential properties across 11 premises. The estimated value of these properties was £4m to £5m. VY managed the rental of these properties, including negotiating tenancies, day-to-day maintenance and project management of more substantial maintenance.

He also enjoyed managing his personal investment portfolio of stocks and shares worth more than £750,000.

In his personal life, VY was a keen cyclist and runner, held a Yachtmaster qualification and was learning to fly light aircraft. He is married and has two grown-up sons.

The accident

VY sustained life-changing injuries in a road traffic accident on 30 June 2018. He was competing in an organised cycling time trial on the A19 in South Kilvington when the defendant drove his motor vehicle, a limousine, into the rear of VY.

VY, who is now 68 years of age, sustained a major traumatic brain injury and multiple orthopaedic injuries in the accident. He now lives with significant cognitive and behavioural deficits (together with some residual physical issues) largely attributable to a diffuse axonal brain injury. His ability to perform activities of daily living independently are severely affected. Memory problems, fatigue and a lack of insight into the extent of his injuries are major issues.

Consequences of the accident

One of the central issues in the case was the recovery of the commercial cost of replacing VY’s letting management/maintenance skills and the extent to which his share portfolio would have been used to pay off mortgages had he not been injured. There were also pre-accident plans, albeit at a relatively early stage, for VY and his sons to pool their assets and enter into a commercial property venture.

The consequences of this accident were devastating for all the family members. While VY’s wife, in particular, has made and continues to make considerable sacrifices for VY, his sons have also devoted a great deal of time supporting their parents and maintaining their father’s business interests. Without the support of such a close-knit and loyal family unit, VY’s recovery, rehabilitation and quality of life since the accident would have been considerably worse.

Rehabilitation and claim

VY received a comprehensive rehabilitation package, including case management, neuropsychology, occupational therapy, physiotherapy and speech and language therapy, alongside the incredible support he received from his family. This has enabled him to reengage with family life and return to some of his pre-accident hobbies. VY regularly completes the local park run with his son and has returned to cycling at the Brownlee Cycle Circuit and sailing in Cornwall with his family.

VY’s claim settled for the sum of £2.3m and was approved by the court in February 2022. This enables him to continue his rehabilitation and maintain his business interest with the support of his sons.

Testimonial from VY’s son

“When my dad was in hospital, as a family we needed guidance once the emergency NHS care was finished. We had never been in such a situation before and at each hurdle we found ourselves not knowing the best approach to take.

“My brother and I met with Stewarts and were instantly impressed by their professionalism and knowledge of the field. Chris came out to meet us as a family and we all instantly felt a sense of support.

“At the time Stewarts came on board, my dad was in a residential rehabilitation facility which he really didn’t like, which was causing stress (for both dad, and mum) and inhibiting his recovery. Chris swiftly arranged a plan to allow care at home, which made things a lot easier for Mum.

“Chris and Stewarts have been there every step of the way, and have been a huge help in providing us with advice, getting the best experts in place for dad’s recovery, and managing the whole legal process to ensure the best settlement outcome.

“The final settlement will not change what has happened, and my dad still has to live with his injuries. However, it gives us the comfort that his ongoing care needs are covered.

“Chris and Stewarts have shown great professionalism and legal expertise throughout the whole process, advising us every step of the way. I wouldn’t hesitate in recommending them to anyone.”

In the media

This case was featured in the Yorkshire Post on 23 March 2022 – Yorkshire businessman who suffered serious brain injury when a stretch limo struck him on the A19 wins £2.3million pay-out

Paralegal Isabella Troy-Williamson contributed to this article.

Life beyond injury

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