Pedestrian Brian Agard was crossing Lees Road in Oldham back in 2003 when he was struck by a motorbike ridden by Lee Horrocks, leading to extensive and horrifying injuries. His left leg was shattered and had to be amputated below the knee. Tragically, complications during the surgery led to Mr Agard being rendered blind and suffering brain damage.
He now requires round the clock care and specialist living conditions. Horrocks, the rider of the motorcycle, was found guilty of dangerous driving and therefore was deemed responsible for Mr Agard's injuries.
His insurance company have agreed an out-of-court settlement with Mr Agard's family, which is said to be worth many millions of pounds. The amount of the compensation claim is so high because of the nature of the claimant's injuries and the amount of care and attention he now requires. An initial payment of £2.7 million will be supplemented by annual payments of £128,000 thereafter.
The judge in the case praised Mr Agard's wife for the devotion she has shown in caring for him since the accident. The family have now moved into a specially adapted home to cater for his needs.
Mr Agard, a former player for Waterhead Rugby League Club, was working there as a coach at the time of the accident. As with any successful injury claim, the fault in the accident did not lie with the claimant. The cost of the payments is met by the negligent party, in the form of the defendant's motor insurance, which he holds, as required by law, in order to protect members of the public from his negligence.
There may yet be a second opportunity for him to make a claim for injury compensation.
As mentioned already it was difficulties that he experienced during surgery that caused his blindness and brain damage, or at the very least accelerated their onset. Medical negligence claims have been rising steadily in recent years, and this case demonstrates another, potentially very serious, example.
Wednesday, 21 July 2010
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