James Braund and Emily Green, specialist personal injury lawyers at Trethowans, based at their Bournemouth and Poole offices in Dorset, have successfully secured a seven-figure settlement for a client who suffered life changing injuries in a serious Road Traffic Accident nearly five years ago.


The Accident


Mr R, a ground worker, was digging on a pavement when a car lost control at high speed, mounted the pavement, and collided with him, pinning him to a nearby wall. Emergency services, including an air ambulance, attended the scene and Mr R was taken to Kings College Hospital.


Mr R had suffered significant injuries to his right leg, including an open comminuted displaced fracture of the distal femur and medial femoral condyle (a displaced upper leg / femur fracture) as well as a depressed intra-articular fracture of the medial tibial spine with intra articular loose fragments (a fragmented lower leg / tibia fracture). He also suffered ligament damage including ACL rupture.

 

Mr R underwent six operations on his right leg, with more (including future knee replacement surgery) anticipated over the course of his lifetime.

 

The Claim

 

James took on Mr R’s case in May 2020. James gathered initial evidence regarding the case and established contact with the vehicle’s insurers and solicitors (who adopted a constructive approach throughout the case). Rehabilitation was put in place, with a Case Manager appointed to oversee further private treatment and support for Mr R. A number of interim payments were also released throughout the claim period.


Matters were complicated as the driver was not insured to drive the vehicle and was also subject to criminal proceedings. The insurer of the vehicle also argued that the policy itself was invalid as the vehicle was being driven for a non-specified purpose. James and Emily disputed this, but it raised potential overlap with the Motor Insurers Bureau (a fund of last resort in uninsured Road Traffic Accident claims). The parties worked collaboratively on this issue and the insurer agreed to take on the case but reserved their position regarding any potential contribution claim.


Life Changing Impact

 

Due to the extent of his injuries, Mr R was prevented from returning to work as a ground worker (or in any manual job) or take part in hobbies such as running. He has also faced significant psychological challenges, requiring therapy and ongoing support.

Further Investigation and Settlement

 

Mr R’s medical records were obtained and various medical experts were instructed to provide their views on his condition and prognosis, including input from an orthopaedic lower limb surgeon and a psychiatrist. In addition, James and Emily sought evidence from an employment expert (regarding Mr R’s likely career path had he not been injured and any remaining employment options with his injuries), an architect (as it was considered Mr R would be restricted to single level accommodation due to his injuries) and a care / OT expert. The Defendant also instructed their own lower limb orthopaedic surgeon.


James and Emily also gathered documentation regarding Mr R’s financial losses and took witness statements regarding his injuries generally, as well as his loss of earnings and the care he had received. This allowed the team to look to value Mr R’s case.


A Joint Settlement Meeting took place in summer 2023. This resulted in the claim being settled for a significant 7-figure sum.


Client Feedback


Mr R stated “I am so happy and content with the outcome of my case which James Braund orchestrated. James’ service was nothing by phenomenal, from start to finish. I simply cannot thank him enough”.


James added “Mr R suffered some of the worst lower limb injuries I have seen, during a horrific incident. His determination to get through all of this and his commitment to rehabilitation has been amazing to see. Now that this case has settled, Mr R can finally start to try to move on with the rest of his life”.