Background

On 17 December 2010 the claimant was driving his car in Kingston-upon-Thames and pulled over to a stop due to a punctured tyre.  The claimant left his car and was removing a jack from his boot when he was struck in the right leg by the defendant, driving a Chrysler Grand Voyager.

Injuries

The claimant’s leg condition was complicated by the fact that he went on to develop a severe infection and that the muscles of his right thigh were severely damaged. 

The claimant continues to have vascular compromise in the right lower leg, a very stiff right knee and mechanical lower back pain.  He underwent several operations in connection with his vascular compromise and has been advised that he is likely to require a right leg amputation, the timing of such surgery being uncertain.

The claimant has been left severely traumatised by the accident and his mental condition suffered severely.

Legal proceedings

The police prosecuted the defendant for driving without due care and attention.  She pleaded not guilty but was convicted in December 2011. 

Following receipt of the police report the defendant admitted liability. 

Settlement

The quantification of the claim was made difficult by the fact that medical experts from both sides agreed the claimant would require an amputation but at the time of settlement such an amputation had not yet taken place.  Evidence was obtained from experts in the fields of vascular surgery, orthopaedics and prosthetics.

Settlement negotiations were entered into but proved unsuccessful.  Ultimately, a roundtable meeting took place in July 2016, following which the claimant accepted the defendant’s offer of £919,147.

The offer was not “broken down” but an estimate of the breakdown of the settlement figure is set out below:

  • General damages -   £105,000
  • Past loss of earnings -  £65,000
  • Future loss of earnings -  £75,000
  • Past care -    £20,000
  • Future care -    £100,000
  • Prosthetics -    £250,000
  • Roberts v Johnston claim -  £175,000
  • Private health care costs -  £12,500
  • DIY -     £10,000
  • Transport -    £15,000
  • Aids and equipment -   £50,000
  • Miscellaneous future losses - £41,647

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