No win no fee solicitor news
14/05/2009

Cycle helmet warning after court case

A cyclist sustaining head and brain injuries may lose out in a 'no win no fee' compensation claim if it is proven that failing to wear a bicycle helmet may have caused greater injury.

Any compensation award for accident claims could possibly be cut if wearing a helmet would have reduced the extent of injuries suffered, according to a recent court decision.

Legally, this concept is called contributory negligence and the judge in the court case referred to was sympathetic to the view that an accident victim could be partially at fault for the extent of their injuries by not wearing a cycle helmet.

Solicitors reported that a compensation claim was made by a cyclist after he suffered a serious traumatic brain injury following an accident while he was cycling. A motorcyclist collided with the cyclist while trying to overtake him.

For anyone suffering a serious head injury, the court's decision means that 'no win no fee' compensation claims could be reduced by thousands of pounds.