£172,500 compensation for amputation after a road accident

Solicitors secured compensation of £172,500 for a 68 year-old market trader with serious leg injuries following an accident with a refuse truck. The injuries required amputation of one leg.

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Case details

Injury details

The claimant was setting up a market stall sited on a road. The dustcart drove down the road slowly but the rear wheels of the ran over his left foot.

The injuries were severe and immediately very painful. The claimant was taken to hospital. His foot could not be saved and he required an amputation below the knee of his left leg.

After being discharged, the claimant was unable to return home because he could not manage the stairs. He required crutches and a wheelchair initially and received intensive physiotherapy.

The man received care and assistance from his family. He could not return to work on the market stall and was unable to pursue active hobbies he enjoyed before the accident.

The claimant also experienced flashbacks of the accident and had psychological therapy to treat his post-traumatic stress. He was diagnosed with post-traumatic stress, and experienced a prolonged depressive reaction.

Allegation

It was alleged the refuse company was negligent insofar as the vehicle was too wide to pass through the street when the market was in operation.

The defendant maintained that as the front wheels had passed safely the claimant must have moved placing himself in danger as the vehicle passed.

The claimant was injured severely by the crushing injury. The damage led to his leg being amputated below the knee.

The claimant would be unable to return to work on the market stall. His life would be severely affected.

Conclusion and settlement

Liability was not admitted but compensation was agreed without a Court hearing being necessary.

The claimant accepted a deduction for 30% in damages for his actions during the accident.

Compensation of £172,500 was accepted by way of an out of Court settlement.

£90,000 of the total damages was attributed to "pain, suffering and loss of amenity."

Care costs were accepted at £40,000.

£45,000 was awarded in respect of loss of earnings.

Prosthetic limb expenses were allocated the sum of £49,000.

£26,000 was attributed to necessary aids and equipment.

The remainder of the compensation comprised sundry expenses and interest.

Read more: road accident compensation claims

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Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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