The Claimant suffered an exceptionally severe leg injury including compound fractures to the tibia and fibula extensive degloving together with damage to the right knee. In order to prevent infection in the lower leg a transplanted muscle from the Claimant’s back was made and attached to the leg. The result was an exceptionally deformed looking leg. The Claimant underwent a number of further procedures because the accident had caused associated injuries to the toes, tendons, ankle and knee. Only after the injuries had thoroughly settled and no other further surgery was contemplated did the Claimant undergo plastic surgery to reduce the cosmetic abnormality in his lower leg.

After a lengthy period of absence from work the Claimant returned to his pre-accident employment as an engineer and continued to be restricted in the hours of work which he could manage and the extent to which he could manage lifting and standing up at work.

He suffered psychologically as a result of the accident. He received therapy and improved significantly. His long held ambition was to join the Police Force. His prospects of doing this were eliminated by the injuries sustained in the accident.

Expert evidence was obtained from a range of medical experts including orthopaedic surgeon, plastic surgeon and consultant psychiatrist.

The Defendants made a number of inadequate offers as the matter progressed. Eventually settlement was achieved at a joint settlement meeting when the Claimant accepted the Defendants’ offer to pay a total of £400,000.00 damages inclusive of interim payments and CRU. Interim payments totalling nearly £60,000.00 had been made by the Defendant to the Claimant during the course of the action.

The Claimant who was very disturbed by the accident suffered a great deal emotionally and physically subsequently as he sought to come to terms with the gross cosmetic abnormality caused by the accident and a series of operations. He was distressed at his inability to make a full recovery and that his ambition of becoming a Police Officer had been permanently thwarted.

Via EPR Network
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PHC Law Recovers Over £500,000 Compensation For Accident At Work Claimant

The Claimant claimed damages for an accident which occurred on 6th December 2005 when he was 42-years old. He was required to move a completed lorry by means of a hand operated electrically powered “dead man truck”. His left foot/lower leg was trapped and crushed by the truck causing very serious injuries including compound fractures to the left tibia and fibula, a fracture dislocation of the ankle and a fracture of the calcaneum.

The Claimant has suffered a very serious injury and underwent three operations in quick succession his treatment involving external fixation and skin grafting. The Claimant did not make a good recovery and suffered multiple corrective operations – a total of 13 to date of settlement.

Although the Claimant attempted to return to his work as a motor engineer the effect of ongoing pain and disability made this impossible. He was unable to do manual work from a standing position and work involving weight bearing. He was equally unable to manage sedentary work due to swelling and increased pain caused by being seated.

Expert evidence was obtained from a Consultant Orthopaedic Surgeon. The Defendants obtained orthopaedic evidence from two other specialists.

Settlement was necessarily delayed to enable a proper assessment of the full extent of the Claimant’s ongoing disability together with his future limitations on the labour market and domestically.

The matter was dealt with co-operatively throughout between the parties and the Claimant was voluntarily provided with interim payments by the Defendants.

The Defendants initially offered £110,000.00. This offer was rejected by the Claimant. The Defendants then offered £400,000.00 in January 2011 which was rejected by the Claimant. The Defendant subsequently reduced this offer to £380,000.00. Both parties wished to seek disposal of the claim by joint settlement meeting. As the date for the meeting approached the Defendants disclosed surveillance evidence which required most careful consideration by the Claimant and the Claimant’s legal advisors.

In the event the matter was settled by way of joint settlement meeting on 21st July 2011 for the total sum of £568,330.28. Settlement was inclusive of £49,000.00 interim payments and £19,330.28 payable to the Department of Work and Pensions in respect of refundable benefits.

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