27th July 2020
Marcus Grant represented the Claimant who was left with enduring symptoms.
A 48-year-old carpenter recovered £2m in a negotiated settlement in respect of a leg injury sustained in a workplace accident when he fell from a ladder and sustained a ‘Hawkins Type 2 talar neck fracture’.
The fracture did not unite and caused significant pain exacerbated by weight gain and immobility.
A decision was taken at the 4th anniversary to undergo an elective transtibial amputation and to proceed in life with prosthetics and aids and equipment to enhance his independence as an amputee.
The settlement sum reflected that he was unlikely to recover any significant earning capacity by reason of his skillset, enduring obesity problems and his age.
The focus of the dispute between the parties’ respective valuations was on his professed need for single level, wheelchair-compatible accommodation at some point in the future and the immediate need for a battery operated hydraulic prosthesis to be replaced at intervals together with back up and waterproof prostheses.
The settlement represented a compromise between the parties’ respective best cases.