23rd May 2020
Marcus Grant represented the Claimant who was left with enduring symptoms.
The Claimant was involved in a running down accident causing a significant fibula fracture, ankle dislocation and a compartment syndrome. He had a poor outcome to surgery and was left with an antalgic gait exacerbated by a 20° equinus deformity. He developed symptoms of chronic pain in the leg and some psychological symptoms. His weight increased by 5–6 stone and his mobility was compromised leaving him with compromised stamina for activities of daily living including work and raising his children.
He brought a claim for lost earning capacity, the need for ongoing loss of services, a modicum of personal care and for facilitating single level accommodation.
The Defendant contested the extent of the alleged earning capacity, contending that he would not have earned as much as he claimed in the absence of the accident and that he was capable of earning more than he conceded going forward. It was asserted that he did not need any ongoing care and that he did not need single storey accommodation.
The claim was compromised part way between the parties’ respective best cases through a structured negotiation.