Lorry Driver Leg Crush Claims £568,330.28 Compensation
The 42-year old claimant was required to move a completed lorry by means of a hand operated electrically powered “dead man truck”. His left foot/lower leg was trapped and crushed by the truck causing serious injuries including compound fractures to the left tibia and fibula, a fracture dislocation of the ankle and a fracture of the calcaneum.
The Claimant suffered a very serious injury and underwent three operations in quick succession his treatment involving external fixation and skin grafting. The Claimant did not make a good recovery and suffered multiple corrective operations – a total of 13 to date of settlement.
Although the Claimant attempted to return to his work the effect of ongoing pain and disability made this impossible. He was unable to do manual work from a standing position and work involving weight bearing. He was equally unable to manage sedentary work due to swelling and increased pain caused by being seated.
Expert evidence was obtained from a Consultant Orthopedic Surgeon and pediatric expert.
Settlement was necessarily delayed to enable a proper assessment of the full extent of the Claimant’s ongoing disability together with his future limitations on the labour market and domestically.
The matter was dealt with cooperatively throughout between the parties and the Claimant was voluntarily provided with interim payments by the Defendants.
Claimant Rejects offer
The Defendants initially offered £110,000.00. This offer was rejected by the Claimant. The Defendants then offered £400,000.00 in which was rejected by the Claimant. The Defendant subsequently reduced this offer to £380,000.00. Both parties wished to seek disposal of the claim by joint settlement meeting. As the date for the meeting approached the Defendants disclosed surveillance evidence which required most careful consideration by the Claimant and the Claimant’s legal advisers.
In the event the matter was settled by way of joint settlement meeting for the total sum of £568,330.28. Settlement was inclusive of £49,000.00 interim payments and £19,330.28 payable to the Department of Work and Pensions in respect of refundable benefits.
The Defendants agreed to pay the Claimant’s costs to be the subject of detailed assessment if not agreed and to pay an interim payment of £20,000.00 to the Claimant’s Solicitors in respect of costs/disbursements.
The Claimant was very badly affected by the accident. He took a pride in his employment and his work and derived much of his social life from contacts with colleagues at work. He will never be able to return to his pre-accident employment. He was disturbed by the prolonged pain and suffering caused by the injury and by the multiple surgical procedures which he underwent. His predicament caused him to lapse into low spirits/depression. He required supportive, sensitive treatment and advice throughout.