Life-changing settlement secured following catastrophic arm injury in road traffic collision

Our client had been at a house party on the evening of his birthday. His girlfriend at the time was the designated driver. Although they had not spent much time together during the party, it was understood that she was intoxicated when she decided to drive our client home.

As they approached a roundabout, the driver lost control of the vehicle and collided with a tree. The passenger side of the car struck the tree. At the time of the impact, our client had his left arm resting against the window. 

The injuries to his arm were catastrophic and threatened both his limb and his life. Surgeons at the local major trauma centre were able to save his arm through limb salvage surgery involving significant orthopaedic and plastic surgery.

The driver was charged with driving while unfit through drink. The relationship between our client and the driver subsequently broke down.

There was also a significant issue around liability. The defendant’s insurers raised questions about whether our client knew, or should have known, that the driver was under the influence of alcohol or drugs. While this issue remained unresolved, the insurers provided only limited rehabilitation.

Following negotiations over liability, our client agreed to accept a 20% reduction in his damages.

Our client needed extensive support following the collision, but his rehabilitation was significantly affected by the Covid-19 pandemic. Much of his community rehabilitation was reduced and, in some respects, he fell through gaps in NHS provision.

The rehabilitation that remained in place included limited input from a case manager and occupational therapist. Our lawyers secured interim payments to help fund this support while the claim continued.

Further payments were also secured so that our client could undergo additional surgery privately rather than return to an NHS waiting list.

Despite numerous operations, our client’s recovery was complicated and he was left with limited function in his left arm.

There were also concerns that amputation could become necessary. Further surgery significantly reduced that risk, but the possibility of future amputation remained relevant when the claim was being valued and settled.

Against this difficult background, our client adapted to the lasting effects of his injury. He went on to become a father to twin boys and adapted to caring for them with support from his partner.

Because amputation had been a real possibility, our lawyers had to consider how that future risk should be addressed as part of the claim. This included considering whether provisional damages should form part of the settlement.

Provisional damages can be relevant where there is a recognised risk that a person’s condition could seriously deteriorate in the future. In this case, the eventual offer effectively factored in the risk that our client might require an amputation at a later stage.

Although the circumstances might initially have suggested a straightforward road traffic claim, the dispute over liability, our client’s complicated recovery and the number of operations he underwent meant the case took almost seven years to settle.

Our lawyers were determined not to rush the claim. Settlement was reached only once there was sufficient understanding of our client’s injuries and the offer adequately compensated him for their impact.

The resulting life-changing settlement will help our client fund the ongoing support he needs and look after his young family. It also reflects the future risk associated with his severely injured arm.