A man who suffered a shattered knee when knocked off his scooter has received £425,000 to compensate for the physical and psychological impact the accident has had on his life.
He was hit by a car which had been heading in the opposite direction and pulled across his path to turn into another road.
The settlement was secured for the 48-year-old after being represented by Samuel McFadyen and Laura Rowan of Hudgell Solicitors’ specialist serious injury claims team.
The final damages figure agreed was more than five times higher than the initial offer of £75,000 made by the car driver’s insurers.
As part of the legal case, the defendant insurers agreed to fund a rehabilitation programme and to also cover the cost of instructing a dedicated Case Manager to oversee a package of physical and psychological support for the injured scooter rider.
The final settlement was secured to reflect the impact on his future earnings ability, the fact that his employment ended seven months after his accident and that he will need future care and support, including knee replacement surgery.
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Job had been important to mental health
The man was knocked off his scooter and needed treatment on the roadside by paramedics before being taken to hospital. He had suffered a fracture to the bone that breaks into the knee joint itself and injured the cartilage around it.
He spent just short of two weeks in hospital, undergoing surgery and having his leg placed in a brace, before being discharged home needing the use of crutches and a wheelchair.
At the time of the accident, he had been employed as a warehouse worker, in a role which required a high level of fitness and stamina, walking up to 25,000 steps a day as he lifted, carried, and transported boxes of equipment.
Solicitor Samuel McFadyen, who specialises in serious injuries at Hudgell Solicitors, said the man had a history of suffering from depressive episodes, but he had developed strategies to manage the condition, with his job crucial in giving him a purpose and daily routine.
The impact of this accident and injury on my client has been very significant.
He had been in consistent employment from May 2017 and this was a very important part of his life. It provided him with stability and acted as a pillar for him, in managing his psychiatric problems. It provided him with structure, routine and purpose.
He enjoyed his work, he socialised with his colleagues and often visited his family who lived close-by. He also often explored the local area on his scooter. He was able to carry out the usual daily activities without difficulty.
Since the accident he has needed assistance from family members to get to and from appointments, and to do things like getting his shopping, as he was left with a very significantly reduced walking distance tolerance.
The damages claim was made to compensate him for the considerable pain caused, the restriction he now has with regards to his mobility, requirements for future surgery, the loss of income and the impact on his future ability to earn, as well as the psychiatric impact on him.
We were pleased that the defendant insurers accepted liability at an early stage and were supportive in ensuring our client was given access to a dedicated rehabilitation programme, however, it was our opinion that a number of offers made to settle the claim were not reflective of the injuries suffered and the impact on his life.
Offers to settle the claim of £75,000, £100,000 and £250,000 were made by the defendant insurers before they subsequently accepted our offer to settle for £425,000, an amount which will greatly help my client for the future.
Solicitor praised for ‘passionate’ commitment to the case
Due to the impact on the man’s mental health, his brother often acted on his behalf during the claim and praised Mr McFadyen, and Senior Chartered Legal Executive Laura Rowan, who also worked on the case, for their help. He said:
Sadly my brother only held third party insurance so whilst he was in hospital he asked me to find a solicitor for him and after doing some research I chose Hudgell Solicitors.
Sam kept us updated at all stages and was always contactable. He is a very friendly chap who shoots from the hip and tells you a spade is a spade.
He doesn’t make promises he can’t keep, and I did have one heated conversation with him, but I felt that was a good thing, as he is passionate about his job and doing the best for his clients, and sometimes with a third person’s involvement, such as myself acting on behalf of my brother, I know it can be hard to please everyone.
Sam took all we threw at him and directed us really well. He’s a really likeable man and we did not always look at him as a solicitor but a friend. I want to thank him for all his hard work, and the final outcome that he secured for my brother.
Laura is an absolute gem. Professional, very committed to her job, compassionate. More than helpful, caring and really cared in my opinion about my brother and his recovery.
Every contact we had with Laura was amazing. She is one of those people who puts you at ease right away. Both Sam and Laura are a credit to the company and their profession. The service provided by Hudgells far exceeded what we expected.
