Settlement for soldier who had to leave the Army after leg injury he suffered on duty
A former soldier who had to leave the Army after an accident at work badly damaged his leg has been secured a six-figure settlement which will help pay for necessary treatment.
Posted on 30 June 2020
Kyle was an engineer had been in the Army for less than two years when the life-changing incident happened in 2015. He had his whole army career ahead of him.
He was standing on the back of a wagon loading heavy Bergens (military rucksacks weighing around 65kg) on board when another soldier threw one of the bags towards Kyle. The Bergen struck Kyle’s left leg and ‘snapped’ his femur.
Following the accident, Kyle had surgery to his left femur and had metalwork inserted.
He spent a few weeks at home with his family to recover, then went back to the Army and tried his best to get back to full fitness.
Despite extensive treatment, Kyle’s left leg continued to cause him severe pain with activity. He was not able to run and could not return to full active duties in the Army.
Eventually Kyle was discharged from the Army on medical grounds at the age of 22.
He found work at an agricultural company but the work was very physical and Kyle continued to suffer pain in his left leg.
He also experienced psychological symptoms following his injury.
Kyle contacted Leigh Day’s specialist personal injury team and our orthopaedic expert confirmed that Kyle needed further surgery to his leg, and his future recovery was uncertain. We fully investigated the future impact of Kyle’s injuries on his ability to work and complete his daily activities.
The Defendant denied liability for the incident. We successfully applied for Pre-Action Disclosure of liability documents and the Ministry of Defence admitted liability shortly after Court proceedings were issued in Kyle’s claim.
We secured Kyle an interim payment through his claim and he had private treatment which helped him to recover.
Kyle’s case was set for a Trial in July, 2020 and a Joint Settlement Meeting was arranged. Following negotiations, Kyle received a six-figure settlement which includes the costs of more surgery and treatment and his future lost earnings.
“It had been my lifelong ambition to join the Army and I loved my work there. I was devastated when the injury to my leg meant I had to leave. It has been a difficult five years, but my representatives at Leigh Day have made the process easier to bear and I am very glad to have secured a settlement which will help pay for the future treatment I will need.”
Leigh Day solicitor David Preston, who represented Kyle, said:
“Kyle always wanted to spend his career in the Army, but this isn’t now possible because of his injuries. I know how frustrating this was for Kyle and I’m glad that we have secured compensation for his loss of earnings. I am really pleased that Kyle’s settlement will allow him to have surgery to improve his leg symptoms.”