£5.25 million settlement secured for 18 year old Claimant

18/02/2021

James Arney KC, on instructions from Sandeep Gill of Admiral Law, acted on behalf of a young female amputee in a case that settled at £5.25 million. The Defendant was represented by Andrew Lewis KC.

The Claimant, who was 18 at the time of the accident in 2013, was involved in a road traffic collision.  After pursuing all viable alternatives, the Claimant underwent an elective amputation nearly 6 years post-accident.  She sustained other injuries, including to her remaining lower limb.

This settlement follows closely the approach in the successful first instance decision of Lambert J in Swift v Carpenter, in which James Arney KC ultimately secured damages of over £4.9 million for the amputee Claimant in her 40’s (increased from the original £4.1m award after successfully displacing the dysfunctional Roberts v Johnstone formula for accommodation claims in the Court of Appeal.

As in Swift, the Claimant sought damages multiple prostheses: in this instance (a) primary limb; (b) alternate everyday limb; (c) water activity limb; (b) dedicated sports limb, with lifelike cosmeses where appropriate.  Drawing heavily on the awards in Swift, the Claimant’s claims also included: –

• Specialist equipment to enable to maintain her pre-accident sporting interests;
• Holiday claims for upgraded flights and increased accommodation and other transportation costs for the Claimant and her future family;
• Loss of earnings and pension referable to her intended career as a paramedic;
• Transportation costs including a larger vehicle to accommodate mobility aids and motorcycle adaptations;
• Equestrian services for the Claimant’s current horse and future replacements;
• Household services;
• Care and case management, including future assistance with childcare;
• Full time care in the last years of life;
• Accommodation, including a Swift award for single level housing;
• Aids and equipment; and
• Lifelong therapies and gym membership;

Following closely in time and approach from the judgment of Lambert J in Swift, this settlement helps cement the true value of amputation claims.

The award was the largest to date for the young but expanding Claimant firm, Admiral Law – though they are understood to have larger claims in the pipeline.

An anonymity order for both parties is expected to be granted.