Gavin sustained serious orthopaedic injuries after he was involved in a road accident. He needed surgery and a below-knee amputation. We secured a six-figure sum in compensation for Gavin.
The Background
Gavin was in his mid-40s at the time of the accident.
Before then, he rode a motorcycle and worked as a site foreman in heavy industry.
Gavin lived with his wife and youngest daughter. He loved motorcycling, walking, days out, going for meals, and taking holidays abroad.
The Accident
Gavin was riding his motorcycle when he went to overtake a car. Instead of giving him room to overtake, t The car moved out into his path and caused a collision.
The injuries sustained by Gavin were severe extreme. His left arm was broken, and he’d shattered his left leg, ankle and foot. Soon after the accident he had surgery to try and save his leg. Still, over two years after the collision, he had to have his leg amputated below the knee.
Gavin is still suffering from ongoing pain, including phantom pains.
Aside from the physical pain, Gavin’s life is also now marred by psychological distress. He developed anxiety and depression and suffered with low mood and irritability. He also has an impaired short-term memory.
What We Did
Gavin contacted us after a previous client recommended us to him. We began by investigating the circumstances surrounding the collision. This involved getting information about the accident from the police. Our in-house collision investigators spoke to witnesses and retrieved CCTV footage of the moments before the crash.
We collaborated with the insurers to set up an assessment of what Gavin needed most urgently. This assessment showed that he needed a home-based package of support. This would need to include case management, home adaptations, physiotherapy, and occupational therapy.
We appreciated that decided he’d need the provision of bespoke prosthetics after his amputation. He also needed psychotherapy and further specialist physiotherapy. Gavin needed help in returning to driving, too.
We reached an agreement with the insurers to fund input directly via the Rehabilitation Code. This meant that Gavin would get support and treatment very early on.
Once an agreement on liability was reached, we secured interim payments from the insurer to assist Gavin’s family with their finances. This helped Gavin to buy an automatic vehicle.
We encountered disputes between the two insurance companies over who should compensate indemnify the car’s driver. This was because she was driving a company car, reportedly without permission. The two insurance companies were the driver's and those of the company that owned the car. The agreement on liability reflected contributory negligence on Gavin’s part. This meant Gavin accepted he was partly responsible for the accident.
Getting Specialist Evidence
We commissioned expert evidence confirming Gavin was unlikely to ever return to fulltime work. We showed he'd likely need to retire early.
We also gathered specialist evidence to show he’d benefit from advanced prosthetics and equipment. Gavin had already moved into a bungalow.
The insurers found that Gavin had health problems unrelated to his accident that were likely to impact his life expectancy.
Our colleagues in the Court of Protection team advised Gavin about how to set up a personal injury compensation trust. The Wills, Trusts and Probate team advised him on making a will.
Sadly, Gavin’s marriage has broken down since his accident. Our Family Team advised in connection with his divorce and Public Law Teams advised him on getting a local authority care assessment. This assessment considered any relevant help Gavin would need.
A Six-Figure Settlement
The insurers made an offer to settle Gavin’s claim without needing a trial. Gavin accepted a six-figure sum that included loss of wages and pension contribution.
The settlement also included the costs of:
- Ongoing therapy
- Prosthetics
- Treatment
- Specialist equipment.
Post-Settlement Actions
The Court of Protection team set up a personal injury trust for Gavin. This ring-fenced his compensation, which ensured he could still claim means tested benefits. Doing this gave Gavin an extra layer of security for the future.
He’s also been referred for additional advice from our Asset Management team.
Louise Morgan, specialist solicitor, adds, “It's been a pleasure to work with Gavin. Notwithstanding issues on liability and indemnity raised by the third party’s insurers, we were keen to assist him with his rehabilitation from early on in his recovery. He has certainly benefitted from the assistance put in place.
“With the help of colleagues from across the business, we've been able to secure compensation for Gavin to help ensure his future needs will be met”.
What Gavin Says
Gavin was extremely pleased with the settlement we managed to secure for him. He was particularly grateful to Louise Morgan and her team, commenting: “I really do not know where to start. I phoned Irwin Mitchell, who were recommended by my best friend a couple of months after my accident. Louise Morgan and Kerry Grocutt came out to see me at home, as I was bed bound.
“Louise was amazing, caring and I felt so at ease answering numerous questions about what had happened in the accident.
“Louise and her assistant Kerry left my house and stated they would be in touch soon.
“To be honest I did not think I had a claim at all, but within weeks I was visited by Irwin Mitchell staff in various roles. Then Louise arranged for a Case Manager to work with me to help me with aids and to link up with the various professional's that have helped me over the last five years come to terms with losing a limb and moving forward in my life.
“I was so surprised and will be forever grateful to Louise for all she has arranged and done for me to help me live my life since the accident. I can say with 100% truth I would not be sat here today without the intervention from Louise and her team.”
Contact Us
If you’ve been involved in an accident that wasn’t your fault, you can contact us to see if you’re entitled to compensation. Call us today on 0800 056 4110.
You can also get in touch with us online and we’ll get back to you as quickly as possible.
Back to Client Stories
