18th February 2021
James Arney, 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 QC.
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 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: –
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.