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£550,000 settlement for orthopaedic injuries caused by (now deceased) defendant driver in head-on RTA collision

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£550,000 settlement for orthopaedic injuries caused by (now deceased) defendant driver in head-on RTA collision

Boyes Turner’s road traffic accident injury claims specialists secured a £550,000 compensation settlement for a client who was injured in a head-on collision. The accident occurred when an oncoming car, driven by the defendant, veered across the road onto the opposite carriageway and into the path of our client’s vehicle. The defendant died in the accident.

Our client suffered multiple broken bones (orthopaedic injuries). Lower limb injuries included a pilon fracture of his left tibia, dislocation to the metatarso-phalangeal joint of the hallux and a fracture of the 3rd metatarsal neck in his right foot. Upper limb injuries included a comminuted fracture of his right elbow and forearm and a dislocation of the right radial head. He also suffered fractures to his sternum and three ribs, and psychological injuries including post- traumatic stress disorder (PTSD) and an adjustment disorder with depressed mood.

He needed surgery to fix the limb fractures and an external fixator was applied to his leg for four months, which limited his mobility. He may need fusion surgery on his ankle in future and has been left with significant ongoing problems. He will always have to wear bespoke boots and modular shoes as a result of the permanent deformity to his foot. As his mobility becomes more restricted over time, he may need to live in single level accommodation.

We pursued our client’s claim against the deceased defendant driver’s estate. The defendant’s insurer initially denied liability for the accident, suggesting that the deceased’s loss of control of the vehicle had been the result of a heart attack or other medical condition, and could not have been prevented. There was no factual evidence to support the insurer’s stance, and when we requested copies of the defendant’s medical records, liability was conceded. After expert medical evidence on our client’s injuries was gathered and exchanged, we negotiated a £550,000 compensation settlement for our client.

Written by

Kim Milan

Senior Partner and Head of Personal Injury

Kim Milan leads Boyes Turner’s highly regarded personal injury team. A specialist in catastrophic injury cases, Kim acts for clients with acquired brain damage, spinal injuries and serious orthopaedic injuries.

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