My Dearest Husband Has Won His Legal Battle

[amethist]

Almost 3 years ago my husband was involved in a road traffic accident. This is what cause his PTSD. He was riding a small, slow motorbike home from work, when a car transporter, loaded with cars crossed his path. Not sure if he jumped the lights, but we do know he did not see my husband because he told the police that at the time.

We finally found out yesterday that my husband has won his claim for compensation.

This has been a long hard fight for both of us, with all the worry of not knowing if this would happen. He has had many set backs along the way, from the guy getting away with it in court because the police messed up with their side of the prosecution to being blamed for speeding, not having his light's on, to and all sorts of other crazy stuff they tried to accuse my husband of. None of it being true, but they tried.

We finally had them "Running Scared" to quote hubby's solicitor. We had a meeting with a Barrister a few weeks ago, who decided he wanted to go all out and take it to court as soon as possible, as he said hubby had suffered enough. This needed an end putting to it fast, so that we could start to build our lives back again after all this worry of not knowing one day to the next if it was ever going to end. As well as coming up with all sorts of issues that needed to be added into the claim, including a claim for my own health and work issues due to all that has happened.

After presenting the other party with all of this and so much more, they have now backed down and admitted liability. Accepting all of the evidence presented to them, and realising they were almost certain to loose and it would cost them a hell of a lot more if it did go to court.

So for anyone who is tired of fighting for justice, find the strength and keep going, it is well worth it.

Thank you all those who have kept me going through my husbands trauma.

Amethist

 

[Deleted member 5760]

Amethist,

Woohoo...

Interesting (and possibly not well known fact about civil cases in Australia, and prob the US too) - MOST don't get to court. Only a small fraction ever get that far. The price of lawyers (oooh yes, they earn quite a bit) and court costs - the large majority settle out of court.

Good on you!

Congratulations and it's good to see the justice system working for someone who deserves it

-jen x

P.S - Bit off topic but I can't help it cause it's that young idealistic lawyer still in me (somewhere). My sister's husband is still in a legal dispute over the property from his previous marriage. This woman (ex wife) just does not give up. And if I had two minutes with her my honest advice would be 'do you realise if you keep fighting this there will be nothing left to fight over? The only person who will get rich is your lawyer. SETTLE out of court.' But she's just got her back up and I think she's determined to cut off her nose to spite her face. Anyway, congratulations hun :)

 

[Nicolette]

Absolutely Awesome. Congratulations to you both and may you now be blessed with less stressed lives and we're looking forward to seeing you at the PTSD gathering (and not under the stars on the beach due to be being broke but with the rest of us :occasion:)

 

[Marlene]

Congrats on getting your legal battle settled and won. So much less stress in your lives now. How wonderful for both of you.

Again, congrats.

Lisa

 

[Jestadud]

Well done, glad to hear that you've got compensation and hope it's an amount that you're satisfied with and can now try to put this behind you.
So glad hubby was able to get through his meeting with the barrister!

As a biker I would like to know if hubby is gonna get a new bike or has this put him off for good?

 

[amethist]

Thanks everyone, hubby is still trying to process what has happened, good stress being and all that.

We have to sit back now and wait for them to argue the figures, their problem not ours. We just provide all the papers and stuff as they ask for them. We do know that it will have been worth the fighting though, and will help me to be at home a lot more. "Time out Time" and all that.

He did amazingly well with the meeting, had a few bad days of "what if's", before, but on the day he was amazing. I even asked if I had mistakenly brought someone else to the meeting, as we were all prepared for him to struggle at some point. The barrister was aware of how this could effect him, but he was a wonderful man who put him at ease from the first minute of our arrival.

He does still ride a small bike occasionally Jetsadud, which is the replacement for the one involved in his accident, as that one was written off. He has not lost his nerve completely, but I doubt he will ever ride them as he did in the past. I may post some photo's of it later, it was well bent. I did have fun myself with it though, as I stripped it down into bits ready to scrap it.

Unfortunately our big tourer that we have had so many wonderful holidays on, has been locked away in our garage since his accident. To think 6 weeks before this happened we had ridden the TT course on the Isle of Mann, at race speed on the Mountain section, and now nothing. This bike is now going to be sold to someone who will appreciate its strength and power as much as we did. (One of those old plodders that will keep going forever, but pull on the reins to be let loose occasionally. It could pull when we let it.)

No camping on the beach now Nicolette, but we would have if necessary.

Amethist

 

[James B.]

Two thumbs up Amethist - that is great news. Must be a huge relief.

 

[Jubilation4Me]

Congrats to you both!

 

[amethist]

I would like to add a piece to what I have said before.

Even though it is great that hubby is now getting what he deserves from all this, it never was and still is not mainly about money.

It is about the guy who caused all this taking responsibility for his mistakes. Admitting what he did was his fault and excepting that he was to blame for all of this, not trying to blame the little guy on a bike, just because he was on a bike. He was in a big car transporter with clear all round vision and with no excuse not to see what was around him. His words at the time "Sorry mate, I did not see you", well he should have seen him, he crossed my husbands path, possibly jumping the red light. He was turning across on-coming traffic, he was nearly out of driving time, he was rushing and did not take enough care and attention to what he should have been. He was possibly also too busy checking his mirror so he did not knock the traffic lights down with his trailer to see what else was going on at the time. In other words, Driving without due care and attention.

I have read the police reports of all of it, yet they still messed up.

I hope he takes more care in the future.

Amethist

 

[anthony]

Outstanding... a huge load of both your shoulders now.