Facts of the case
The Claimant was injured in the course of his employment. He was exiting a flatbed truck when a vehicle being driven by the Defendant collided with him. The Claimant sustained a serious brain injury and required a programme of rehabilitation, care and case management.
The Defendant’s Insurer initially agreed to fund rehabilitation under the Serious Injury Guide. However, funding was subsequently withdrawn.
Denial of liability
Liability was denied in full and allegations of contributory negligence were raised in the alternative. An interim payment application was issued and it was contested on the basis that liability was denied in full and that the Claimant would not be awarded damages should the matter proceed to trial.
The Claimant was successful in his application and the sum of £125,000 was awarded to the Claimant.