Motorcyclist secures seven figure settlement and an award of provisional damages

Our client was riding his motorcycle home from work when a car driver negligently turned into his traffic lane. The car driver was prosecuted for driving without due care and attention, and their insurer admitted full responsibility for the accident.

At the time, our client was 19 and led a very active life, with particular interests in sailing and skiing. He was due to start university but had to postpone his studies for 12 months because of his injuries. He had also considered a career in the Royal Navy, which was no longer an option following the accident.

The collision caused a severe lower limb orthopaedic injury. Our client underwent seven surgical interventions and an extensive rehabilitation programme.

The insurer agreed to work under the Rehabilitation Code 2015. The Code provides a framework for solicitors and insurers to work together so that an injured person can access appropriate treatment, care and equipment to support their physical and psychological recovery.

A jointly instructed case manager was appointed early in the claim. This allowed a detailed rehabilitation plan to be developed and provided our client with continued support over several years.

The case manager recalled how difficult things were at the beginning:

“He was laying on the sofa very pale and in pain. He felt that his life had been put on hold and he was extremely fearful of the possibility of needing to have his severely damaged leg amputated.” – Case manager

The rehabilitation programme was highly personalised. In its early stages, our client was supported to leave home in his wheelchair through his interest in photography. As his rehabilitation progressed, the focus continued to reflect his circumstances, interests and ambitions.

Our client had planned to go to university before the accident. His case manager helped him continue with that goal, including finding accessible accommodation and arranging appropriate support.

Planning between the legal team, insurer and case manager also helped secure funding for surgery, therapy, accessible accommodation and equipment. Surgery was arranged around university summer breaks, with intensive rehabilitation helping our client return to university 12 months after the accident.

Regaining the ability to drive was another important step. Our client moved from relying on a hire car driven by his parents to driving a car himself with minor adaptations, giving him greater independence.

He went on to gain a BA in Media and an MA in Film making. He also began working on a part-time self-employed basis, driving himself to shoots and travelling for work.

Our client’s rehabilitation included extensive therapies and further surgery funded by the at-fault insurer. His accommodation was adapted to meet his needs, and after completing his Master’s degree he was able to enter paid employment.

He was also able to return to skiing using a sit-ski and to go on holiday with reasonable adjustments supported by his partner.

His lower limb reconstruction and rehabilitation resulted in significant progress. By the time his case manager discharged him, he could walk onto set without aids and had developed strategies to manage his condition and pain.

Our client also described the difference the support had made to his life:

“I cannot thank enough Matthew Claxson and the whole team who have supported me from the very beginning when everything given my injuries looked bleak to now where my situation is so very different. I have with the help of the team more function in my leg, secured a Masters degree leading to paid work which I find of interest, have a house that is suitable for my leg, and also I have held down a steady relationship.”

He added that he “would not hesitate to recommend Matthew Claxson and his serious injury team” to someone else who had been seriously injured.

However, the effects of his injury remain. Our client continues to experience pain and fatigue, with an impact on his working and social life. Most significantly, medical evidence identified a substantial future risk that he will require an above-knee amputation.

Provisional damages were particularly important in this case. They can be awarded where there is a measurable chance that an injured person will experience serious physical or mental deterioration in the future.

The expert consultant orthopaedic surgeon assessed our client as having an 85% chance of requiring an amputation in approximately 40 years. Predicting the cost of prosthetics so far into the future would be difficult, particularly because available technology and its associated costs may change significantly.

Our experts therefore considered it important that any settlement protected our client’s position if an amputation became necessary. The expert evidence supported an award of provisional damages rather than resolving this future risk as part of a full and final settlement.

Our lawyers secured a seven-figure payment for our client together with an award of provisional damages. The settlement provides financial support now while the provisional damages give our client important protection if he requires an amputation in the future.

If that happens, the provisional damages mean our client can return for further compensation to help meet the necessary treatment, equipment and care arising from that deterioration.

Matthew Claxson described the Rehabilitation Code as an important framework for working collaboratively with the at-fault insurer throughout the case. The claim ultimately concluded at a Joint Settlement Meeting, with provisional damages forming an important part of the outcome because of our client’s future amputation risk.

For our client, the outcome provides security for the future while allowing him to continue with the life he has worked hard to rebuild through rehabilitation, education and employment.