Mr Andrews a 75 year old gentleman was riding his motorcycle along a country lane, when he was struck by a car driven by Mr Young.

Mr Young was charged and convicted of dangerous driving, and his insurers admitted liability at an early stage.

Mr Andrews sustained severe damage to his right leg, and despite three operations, the surgeons eventually decided that there was no option but to perform an above knee amputation.

Mr Andrews was provided with a prosthetic limb by the NHS, he was unable to manage with this, and fell several times, on one occasion fracturing his wrist.

A joint instruction was provided to a rehabilitation agency, and after protracted negotiations, interim payments were provided, to allow Mr Andrews to purchase a motorised wheelchair, convert a downstairs cloakroom to accommodate a shower, and to visit Dorset Orthopaedic, one of the leading manufacturers and suppliers of custom built prosthetics in the UK. 

Regretfully even this limb caused problems, mainly in that its fit was not as good as had been hoped. Although it was much better than the NHS limb.

A detailed schedule of required household adaptations was compiled, along with consideration of the care needed by Mr Andrews.

It was not possible to settle the case, and proceedings were issued.  After further discussions, a settlement was agreed at £175,000.00.

This case illustrates the need for the parties to liaise at an early stage, to consider a Claimant’s needs for rehabilitation, adaptations and care.  These are areas in which this firm regularly deal.  If you have any questions on these topics, please contact Nigel Hunt at ngh@ewartprice.com.

The details above are taken from an actual case handled by Nigel Hunt, the names of the parties have been changed to protect their identities.