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Published On: March 10, 2020 | Blog | 0 comments

£3.2 million settlement for leg amputation

I have recently concluded a few amputee cases, including a settlement of more than £3 million for a 20-year-old.

At the time of his accident, my client was a 17-year-old second year A-levels student. He had been out riding his motorbike when he was involved in a collision with a car. As a consequence, he suffered a catastrophic injury resulting in a transtibial amputation of the left leg.

Liability for the accident was accepted, but the insurers argued that my client contributed to the accident by going too fast and disputed the amount of compensation due to him.  However, it was not long until it became clear to the insurers that their contribution allegation was never going to succeed. There was absolutely nothing that my client could have done to have avoided the collision.

Notwithstanding his life changing injury, through sheer determination my client made a remarkable recovery and was able to complete his A-levels achieving excellent grades. This enabled him to gain entry to a prestigious university. He also managed to take driving lessons and pass his test four months post accident, which allowed him to regain some independence.

Sadly for my client, who wished to embark on career as an RAF fast jet pilot and attend RAF College Cranwell, that was no longer possible. The RAF for understandable reasons only accepts able bodied applicants.   Prior to the accident, my client had been working extremely hard to try and realise his ambitions. He had attended training with the air cadets and management courses. In addition, he had been away weeks at a time to train and obtain as much information and knowledge as possible about working as a pilot in the RAF.  His dreams had been shattered.

Whilst entry to the RAF is fiercely competitive and only the best of the best stand a chance, I obtained evidence which supported that but for the accident, my client was likely to fall within the 10% of applicants who are successful. He was academically bright, fit and healthy and possessed the necessary attributes to fulfil the entry criteria until his injury.

A career in the RAF would have been very lucrative and my client had the potential to earn a substantial salary during his service and as well as afterwards. He could have left the RAF aged 40 and embarked on a career as a commercial pilot for one of the major airlines to retirement age.

A report from an employment expert specialising in military careers enabled me to prepare a schedule with a career and salary projection but for my client’s accident.

Of course, we were met with the counter argument that as my client was extremely talented and attending a top university, there would be little or no loss of chance or earnings due to the accident. The insurers argued that he could earn the same salary if not a higher salary.

Following negotiations were able to reach compromise settlement for more than £3.2 million, which included a claim for potential loss of earnings with which my client was happy.

As with any injury claim, quick access to early rehabilitation was key in my client’s recovery.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

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