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Amputation Compensation Case Studies

Below knee amputation after accident at work

Associate solicitor Laura Murphy acted for John* who underwent a below knee amputation following an incident at work in September 2014. 
John was 26 at the time of the incident and working as a delivery driver. He was loading his van at a warehouse when a forklift truck reversed into him crushing his lower leg. He suffered severe fractures and degloving injuries. After six months involiving multiple surgeries his doctors advised that their attempts to save his limb had failed and advised amputation. In February 2015, he underwent a below knee amputation. 
John initially instructed local solicitors.  The defendant made an early offer to settle his claim for £500,000 which his solicitors advised he accept.  He pushed for an opinion from a barrister who advised the offer was too low and should be rejected.   By now John did not feel that his solicitor had sufficient expertise to deal with his case.  Both the barrister and a private prosthetic clinic recommended he discuss his case with Leigh Day. 
By the time he instructed Leigh Day in September 2015 he had not received any interim payments to help cover his loss of earnings. Nor had he received any private prosthetic rehabilitation despite the fact that he was really struggling with the prosthetic leg provided by the NHS and hardly left the house.  
Soon after taking over the case, the defendant made a further offer to settle the case for £750,000. We advised John to reject that offer and immediately did the following:
  • Requested an interim payment to fund private prosthetic treatment
  • Pressed the defendant to resolve liability
  • Instructed experts to assess him and prepare detailed reports

Interim payment and rehabilitation

The defendant agreed a voluntary interim payment and John started to attend Pro-Active Prosthetics for prosthetic rehabilitation.
Following extensive rehabilitation, and securing up to date exepert evidence which addressed his needs for life, terms of settlement were agreed at a settlement meeting in January 2019. John's claim settled for £2.5 million. This sum included future treatment including a very significant sum for future prosthetic treatment to include purchase and maintenance of the Empower, microprocessor foot, and future loss of earnings to reflect the fact he would not be able to return to his previous job. 
“Thank you Laura and all the team.  I am grateful for your hard work and expertise that resulted in negotiating my settlement. Am delighted to say I’ve had an offer accepted on my first house!” - John

Crushed under a lorry

An NHS midwife, Julie was crushed under the wheels of a lorry as she was cycling in Central London in October 2015.  She suffered a traumatic above the knee amputation of her right leg. 

Julie was an extremely active athlete, participating in marathons and endurance cycling events all over the world and she was highly motivated to return to her former fitness levels and sporting activities despite her injuries.

The team at Leigh Day secured an immediate needs assessment from a specialist case manager and interim compensation payments.

Julie relocated from London to southern California with her partner whilst the legal case was ongoing. The Leigh Day team obtained interim payments for Julie that allowed her to access private treatment with a highly regarded prosthetic clinic in California. These payments also allowed Julie to receive physiotherapy and gait training.

The multi-million-pound settlement included lifelong claims for specialist prostheses for everyday use and sports including running and cycling.  The team at Leigh Day also achieved compensation to cover the costs of adapting her home, loss of earnings, pension claims and private medical treatment.
Julie says: “The expertise, guidance and knowledge of Leigh Day made the whole unfortunate incident navigable and ensured early access to prosthetics. These were instrumental in getting me back to the active life I enjoy.  The settlement will ensure I can live a full and happy life.”

*John not his real name

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