Clarkson Wright and Jakes Ltd Banner Image

Insights

£1.2 million settlement claim from motorcycle accident

Our client, a motorcyclist, was riding along a country lane during a storm when a large tree fell as he was passing, which led to him colliding with it and suffering a spinal cord injury paralysing him as a result. 

Investigations established that the tree had a significant degree of rot but it was argued by the Defendant’s expert that this would not have been sufficient to have been brought to the attention of a private home owner, albeit the tree that fell was in the grounds of a large property and the owner employed a gardener and gardener’s assistant.  Despite helpful evidence suggesting that the tree was rotten and google images from five years prior to the accident suggesting that the tree was already showing some sign of distress at that stage, given all the circumstances the claim carried a significant litigation risk.  Although the claim had a full value in excess of £2 million, the Defendants denied liability throughout and a joint settlement meeting made an offer of £1.2 million to settle the claim which was accepted, following opening offers of between £600,000 and £700,000. 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.