Timing is Everything

Timing is Everything

About to start a new career but been knocked off your bike leaving you up the swanny? Read on…

I was involved in a serious motorcycle accident At the time I was working as a labourer on a building site. Liability has been admitted. I very recently left the army where I had served for 12 years in the infantry, leaving as a local sergeant. I had obtained most of the professional qualifications required to work as a close protection security officer, having passed a medical, firearms and all other certificates. The only thing I was waiting for was my proof of no criminal record which has since come through.

I had a deployment date set, but I was seriously injured prior to actually deploying. My so called Solicitor has told me that I can only claim for the £110 per day I was earning as a labourer as opposed to the £360 a day tax-free I would have been earning as a close protection officer. The Solicitor has told me that future changes cannot be taken into account, and the Court would only award a notional sum for ‘loss of chance’ because ‘my loss crystallised at the moment of injury’. This sounds like bullshit to me. Surely the law cannot be so unfair?

Name withheld

You are right your Solicitor is wrong. You have rather more than an idea you wanted to go into close protection work, if you had done nothing about becoming a close protection officer, then I can understand why your Solicitor would be advising you to be more pessimistic However, you had the trade qualifications, a suitable history and a deployment date. The Court has to look at what was most likely to happen.

The two options were that you as a 12 years served, 30 year old, full screw/acting sergeant would work for £110 per day (taxed), or taken the opportunity to earn three times this, tax-free, having paid out the thick end of £2,500 to get all your trade certification. I have no doubt that a Judge would find you would have been much more likely than not to go into close protection work.

Your claim needs to be based on real and demonstrable plans. It was not a pie in the sky idea for you to go ‘on the circuit’ and you need to sack your current Solicitor who is advising you badly and weakly.

Andrew Dalton

Fast Bikes Summer 2015

www.fastbikesmag.com

Posted by Andrew Dalton. Posted on: July 9, 2015 at 12:00 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.