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£3.425m award on Provisional Damages basis for good Samaritan knocked over in layby

4th May 2021

Richard Wilkinson, instructed by Claire Roantree at Boyes Turner, secured damages of £3,425,000 on a Provisional Damages basis for a 58 year woman who sustained multiple injuries when struck by a vehicle whilst standing in a layby giving directions to a passing motorist.

The Claimant sustained multiple orthopaedic injuries and significant resulting psychological damage. The physical injuries included a serious fracture to her left knee which resulted in permanently impaired mobility, an agreed need for single storey accommodation and use of a wheelchair when outdoors.

The claim concluded at a recent JSM shortly before trial. The agreed Provisional Damages award entitles the Claimant to seek further damages in the event of undergoing a leg amputation during her lifetime. Although the experts had agreed the risk was small (less than 1%), the protection of a PD award was important to the Claimant because a lump sum award could not have adequately compensated her for the costs which might arise were she to require amputation.

Related Barristers

Richard Wilkinson

Richard Wilkinson
Year of Call: 1992