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Written on 7th September 2021 by

Boyes Turner’s major trauma lawyers have secured a £3,425,000 compensation settlement for a client who suffered multiple orthopaedic injuries, head injuries, PTSD and chronic pain in an RTA after being hit by the defendant driver’s van. Our client’s settlement preserves the right to claim more compensation at any time in the future (“provisional damages”) in the event of untreatable infection in the injured leg leading to amputation.  

Our client suffered life-changing injuries in the RTA (road traffic accident)

The road accident occurred when our client was standing in a layby at the side of the road. The impact caused multiple injuries including a head injury and bleeding (haematoma), severe spinal fractures (at multiple levels), fractured scapula, wrist, elbow, pelvis, tibial plateau (knee bones) in both legs, ribs (with pneumothorax - collapsed lung) and sternum (chest bone).

The wrist and arm fractures needed internal surgical fixation. The pelvic fracture caused ongoing bladder problems. The left knee fracture needed repeated surgery including fixation, cleaning out and skin grafting due to infections, and removal of metalwork. Our client was left with significantly reduced left knee bend and limited mobility, relying on walking aids and a wheelchair.

Our client’s teeth were damaged and sense of smell and taste are diminished. The accident caused ongoing chronic neuropathic and post traumatic pain. As a result of the accident and the severe, life-changing injuries, our client suffered severe psychological injury including PTSD and depression.

Securing funding for rehabilitation

After 8 months in hospital our client needed coordinated rehabilitation to maximise the recovery from complex physical, psychological and sensory injuries but was turned away by a rehab unit owing to the complexity of the condition. The defendant’s insurer made an interim payment which funded a case manager and a 15-week-long private hospital admission for ongoing rehabilitation after hospital discharge but refused to make any further interim payments.

Our client’s home prior to the accident was no longer suitable, given these injuries, so when our client came out of private hospital we arranged more suitable rented accommodation and home-based rehabilitation. A care package was needed to help with daily care and was partially funded by the local authority.  We issued court proceedings to secure further interim payments to pay for our client’s increased care needs post discharge, aids and equipment, and ongoing rehabilitation and treatment in the form of physiotherapy, hydrotherapy and osteopathy for complex musculo-skeletal injuries. 

In total, whilst the case was continuing, our client received interim payments of £200,000 which paid for case management, care, therapies, specialist equipment and a powered wheelchair as well as continued rehab and suitable accommodation.

Fighting for a full admission of liability

The van driver’s insurers admitted that their driver was at fault (liability) but tried to reduce our client’s entitlement to compensation by 25% for contributory negligence. They argued that our client was in the road when hit by the van and was therefore partly responsible for the injuries. We refused to accept any contributory negligence by our client, and we insisted on client’s entitlement to full compensation. We obtained evidence from the police, witnesses and an accident reconstruction expert which proved that our client was in a layby at the time of the impact and was entitled to full compensation.  

Settlement - £3,425,000 compensation with the right to more if our client needs an amputation

Once our client’s condition and future needs could be assessed, we met to negotiate settlement with the defendant’s team. Settlement was agreed on a 100% (full) liability basis. The settlement provides our client with £3,425,000 on a ‘provisional damages’ basis with the ability to claim further compensation if the left leg needs surgical amputation due to an untreatable infection at any time in the future.

Meanwhile, our client’s compensation will help pay for ongoing case management, care and assistance, rehabilitation, specialist equipment, an adapted car, and single storey accessible accommodation.

If you, or a member of your family, have suffered severe injury or disability as a result of an accident that was somebody else’s fault, contact us at piclaims@boyesturner.com to find out more about how we can help you secure rehabilitation and compensation.