£1.5 settlement following an arm amputation

08 June 2023

Robert* was in a car which crashed.  He was seriously injured and taken to hospital. His left arm was severely crushed and could not be saved, so it was amputated.

Challenges

Robert was discharged home, having had some physiotherapy and occupational therapy in hospital. He was able to look after his personal care but relied on his family for support. He went to a local rehabilitation centre where his prosthesis options were discussed; he preferred a functional prosthesis, to allow him to be more independent without so many aids. He was unable to work initially but did want to get back to work. Robert also had psychological symptoms of low mood.

How we supported Robert

We engaged with the insurer who was willing to deal with the claim whilst investigating responsibility for the accident. So, we secured interim payments from the insurer to help with day to day living costs. The insurers later offered to accept some liability, but argued that Robert was part to blame, which we disputed.

We arranged for a case manager who specialised in amputation injuries, to assess Robert’s immediate needs.  They recommended, amongst other things, more occupational therapy, vocational support to help him back into work, a driving assessment to help him drive in a suitably adapted car, and psychological therapy.

In time, Robert was well enough to use the interim money to buy a car and adapt it, so he could drive and regain some independence. The vocational assistance prepared Robert to return to work, which he did, although he was unable to earn as much as he had before. 

Later we arranged for Robert to be assessed for an osseointegration prosthesis, as more conventional options were unsuitable. The insurer strongly opposed this however, in the end, they conceded it was the best option.

Outcome

Having gathered evidence to support the value of Robert’s claim, after extensive negotiations, Robert agreed a settlement of nearly £1.5 million.  This settlement allowed Robert to have the osseointegration, as well as covering his other losses.

 

*Not their name

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