Student who sustained below-knee amputation after motorbike accident achieves multi-million pound settlement.
Nathan, an 18-year-old student, underwent a below-knee amputation in June 2019 after the motorbike he was riding was hit by a car that drove through a red light. After rejecting the defendant’s offer at a settlement meeting, Nathan secured an improved offer a few days later that will ensure he can pay for his long-term needs.
Nathan sustained severe lower limb orthopaedic injuries in the accident, including fractures to his right ankle and foot. Unfortunately an attempt to save his injured right leg failed, resulting in a below-knee amputation.
Nathan was transferred to his local hospital on the day of the accident and two weeks after the accident was discharged to his parents’ home.
THE CASE
Nathan instructed one of Onward’s panel law firms in June 2019
The defendant, the insurers of the car involved in the accident, indicated that they were willing to adopt a collaborative approach to the running of the claim and liability was formally admitted at a relatively early stage. However, the defendant then indicated that Nathan might be partially at fault for the accident himself despite the accident being caused by their insured driving through a red light and hitting Nathan who had been lawfully riding his motorbike under the speed limit through traffic lights that were green in his favour.
The parties initially agreed that Nathan would benefit from a case manager instructed on a joint basis under the Rehabilitation Code of Practice. The case manager’s input and recommendations were funded by regular interim payments made by the defendant insurer on account of the claim.
REHABILITATION
Through interim payments totalling more than £200,000, Nathan benefitted from an intensive, tailored and privately funded rehabilitation programme, which included:
- A move to rented single level accommodation with his girlfriend, his pre-accident home no longer being suitable for his post-accident needs
- Prosthetics, including an everyday limb, a water limb and a high activity/sports limb
- Prosthetic physiotherapy sessions
- Local physiotherapy sessions
- Weekly personal training sessions
- Regular psychology and psychotherapy sessions
- Surgery to refashion his stump
- The purchase of relevant aids and equipment, including wheelchairs and home gym equipment.
The law firm arranged for Nathan to meet with numerous expert reports so his long-term needs could be assessed and included in the claim.
REACHING A SETTLEMENT
The parties’ legal representatives attended a settlement meeting in December 2021.
Although the defendant made an attractive multi-million pound offer, Nathan was advised to reject it as it was considered too low.
Settlement negotiations continued between the solicitors for both parties, culminating in a further offer just over a week later that was £250,000 more than the offer made at the settlement meeting. This £250,000 increase in the settlement sum made a significant difference to Nathan.
Nathan also received assistance in establishing a personal injury trust to assist him in managing his award.
CONCLUSION
Nathan can now purchase a suitable property in his chosen area that meets his post-accident needs.
He also has sufficient money to ensure that his care, equipment, therapeutic and prosthetic needs (including purchasing a bionic limb) are met for life.
in his own words
Nathan said: “Thanks for everything that you have done for me over the last two years. What you have done has been life-changing for me. I’m so pleased the settlement is done now, and I can now look forward to the future.”
Nathan's mother said: “It’s been a very tough couple of years, but you have always given us light at the end of the tunnel. This wouldn’t be possible if it wasn’t for you! We are going to miss having contact with you.”