Case study - serious injuries to left leg after moped accident

Mr W was awarded £75,000

The case: 

Mr W was injured after being knocked off his moped when a car pulled out of a side road and into his path, trapping his left leg between the car and his moped.  He sustained serious injuries to his leg which required extensive emergency surgery.  He decided to make a claim for his injuries and got in touch with YouClaim. 

The claim: 

One of our team visited Mr W at home to discuss his claim.  We also put together a letter detailing Mr W’s accident, injuries and his claim, which was sent to the insurer of the driver of the car; the defendant. 

Mr W’s injuries had been extensive; he suffered multiple fractures to his tibia and fibula which required surgical intervention.  His emergency surgery had involved a fasciotomy procedure to treat his leg’s compartment syndrome – a limb-threatening condition where the affected limb is not supplied with enough blood to supply the muscles and nerves due to raised blood pressure.  He required a large skin graft shortly after the fasciotomy. 

At the time of the accident, Mr W was working as a grounds maintenance person and a self-employed sub contractor.  He required extensive time off work to recover from his injuries, and as he was the only source of income for his household, we asked the defendant’s insurer to make an interim payment to assist with Mr W’s living costs. 

Evaluating Mr W’s claim:

We got an independent Consultant Orthopaedic Surgeon to provide a report on Mr W’s injuries.  We also arranged for Mr W to have an assessment to work out what his day to day living requirements were as a result of the accident, and what was required to meet those needs. 

Meanwhile, the insurer provided Mr W with an interim payment and admitted responsibility for the accident.  The consultant’s preliminary report indicated that Mr W’s leg had healed in a rotated position, and recommended corrective surgery. 

We asked for a second interim payment, as Mr W was still unable to return to work, and was struggling financially.  We also sent the medical report to the defendant’s insurer, to encourage them to fund the surgery privately. 

We also put together a document outlining all of the financial losses Mr W had suffered as a result of the accident, which we would use to assist in getting Mr W an accurate overall compensation payout. 

Recovery period:

Some six months after the accident, Mr W was able to work again and after a lot of searching, was able to take on a job as a kitchen porter. 

We received the final medical report from the independent Consultant.  During our review of the report, the defendant's insurers made an offer of £45,000 to settle Mr W’s claim. 

We got a quote for the corrective surgery to be carried out privately and instructed a Barrister to advise on the case.  Mr W was nervous about undergoing any further surgery following the surgery he had shortly after the accident.  We suggested Mr W go for a pre-operation assessment with the surgeon who would carry out the treatment and asked for funding for this from the defendant’s insurer.   

Final settlement:

The defendant’s insurer responded by making another offer to settle the case.  Mr W's solicitor, the Barrister and Mr W had a conference to discuss this offer and consider Mr W’s options. 

Mr W decided to ask us to negotiate an increased offer; if the defendant’s insurer was happy to increase their offer, he would settle his claim.  After negotiation with the insurer, we were able to secure a final settlement of £75,000, which Mr W was pleased to accept.  This compensation payout allows Mr W to have the surgery in his own time and move forward after a life-altering injury. 

Think you have a claim? Get in touch today on 0800 10 757 95 or read more here.