Verity* was left with very significant injuries after a road traffic incident, when she was hit by another vehicle. She suffered multiple fractures of her hip, ankle and spine.
She was taken to hospital and needed several operations, which included fusing her left ankle and some bones in the foot. Her hip could not be reconstructed with surgery.
Challenges
When Verity was discharged home from hospital, the injuries were causing her significant mobility problems. She was forced to use crutches. The home was unsuited to her needs; she found the stairs particularly difficult to use. Verity was off work due to her injuries.
How we helped
We pressed for and obtained an early admission of liability by the insurer. We also managed the instruction of an experienced case manager to assess Verity’s needs to make rehabilitation recommendations. Unfortunately, the insurer failed to fully engage in the rehabilitation process, but we did still secure funding for initial recommendations, such as physiotherapy and psychological therapy.
Verity was told that she would eventually need total hip surgery. Her situation was complicated as she had gained weight and was too high a risk for the surgery. She needed to lose a significant amount of weight before any surgery could go ahead, but as conventional weight loss measures did not work, we secured funding for bariatric surgery. Verity underwent a successful gastric procedure which meant that over time she was fit enough for the hip surgery.
It was clear that Verity would still need more suitable single level accommodation. The insurer resisted this, so we secured a court order for a significant interim payment which meant that Verity could move into appropriate bungalow accommodation.
"We worked creatively to help facilitate extensive rehabilitation and were able to negotiate a significant financial compensation package that will provide our client with the much-needed financial security she deserves.”
Andy Shaw
Head of Personal Injury
Outcome
At this stage it was possible to consider quantifying Verity’s claim and after extensive negotiating, Verity agreed an overall settlement of around £1,500,000.
Andy Shaw, Head of Personal Injury and Clinical Negligence at Higgs LLP who represented Verity said, “This was a particularly complex case. She will now be able to move forward and have a new hip, hopefully dispense with her crutches and have additional financial security."
*Not their real name
