The Accident
Andrew contacted us a week after his September accident. He’d been riding his BMW S1000RR with a friend near Invergarry, when they caught up with an HGV which was being followed by a Ford Mondeo. Both were travelling around 40 mph and so when it was safe to do so, his friend overtook the Mondeo and then the HGV. Still in the following position, Andrew moved into the overtake position, performed a lifesaver check and moved out to overtake the vehicles. Tragically, as he was alongside the Mondeo, it began to pull out into the opposite lane, forcing him off the road. He remembers nothing until waking up in an ambulance. Thankfully, the entire incident was captured on the HGV's cameras.
A challenging recovery.
Andrew was rushed to hospital, where he was diagnosed with concussion, a fractured finger and soft tissue injuries. Initially, his doctors expected a straightforward recovery. However, once discharged, Andrew began experiencing seizures, dizziness, and a pronounced stutter. His back pain and nausea worsened, leading to a readmission for further scans. It was suspected he may have suffered a small brain bleed.
Before the accident, Andrew had been a founding director of a successful wind turbine maintenance company, frequently travelling for work while also caring for his three daughters. After the accident, his once active life was reduced to struggling to leave his flat.
Fighting for justice.
We took on Andrew's case and, following detailed investigations, secured an acceptance of liability from the insurers. Initially, they agreed to fund his rehabilitation, recognising that supporting his recovery was beneficial for both sides. However, as his symptoms persisted without clear improvement, the insurers withdrew funding.
Despite the absence of structural brain damage, Andrew's ongoing symptoms needed explanation. With our support, he was assessed by a multidisciplinary team, including a neurologist, neuropsychologist, rehabilitation consultant, and speech and language therapist. They diagnosed Andrew with Functional Neurological Disorder (FND), a condition that affects how the brain sends and receives signals. FND often emerges following significant trauma and can present with seizures, speech difficulties, and other debilitating symptoms. While rare and challenging to treat, we have sadly seen it in several cases at Motorcycle Law Scotland.
A life-changing outcome.
Recognising the profound impact FND had on Andrew’s life, we advocated for his right to fair compensation. When negotiations failed and no offers were made, we initiated proceedings at the Court of Session in Edinburgh, Scotland's highest court for personal injury cases. With a King’s Counsel (KC) and an Advocate joining our legal team, we remained steadfast in representing Andrew’s best interests.
Just two months before the scheduled court hearing in April 2025, a Pre-Trial Meeting was held. Through determined negotiation, we secured a substantial seven figure settlement. This result will provide Andrew with the financial security needed for him and his family to focus on his well-being and navigate life with FND.
At Motorcycle Law Scotland, we're committed to providing compassionate and dedicated client care. Andrew’s case highlights the importance of standing up for our clients, ensuring they receive the support and justice they deserve after life-changing accidents.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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