12 April 2010
Leigh Day & Co has secured a seven-figure sum by way of compensation for the victim of a road traffic crash who underwent a below the knee amputation of his left leg after a car carrying out a U-turn knocked him off his motorbike. In addition to the amputation he also sustained serious and permanent injury to his right ankle.
There were complex issues in relation to the claimant’s injury as the defendant had suggested that our client should undergo ankle fusion. However, none of his treating experts or any of the medical experts involved in the legal case had come across a situation in which a patient had sustained an amputation on one side and a fusion on the other and were unable to offer any guarantees as to the mobility of our client following such surgery. Not surprisingly therefore he was unwilling to undergo such irreversible surgery. The defendant argued that this refusal amounted to a failure to mitigate his loss.
Our client runs a successful family business and at the time of the crash was in the process of acquiring larger business premises to allow further expansion. As the business continued to do well even after the accident the loss of business profits claim was also hotly disputed.
The case settled at the door of the court for a sum significantly higher than that offered in earlier negotiations. Our client was represented by Sally Moore and Christine Tallon in the accident claims department at Leigh Day & Co.
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