The Incident 

Our client was on his way home from work, filtering through stationary traffic on his motorbike. At the same time, the defendant who was in the queue of traffic did not want to wait and decided to pull out to perform a U-turn. However, they did so without indicating and collided with our client’s vehicle. 

 

Injuries Sustained 

The severity of the client’s injuries was not apparent at the beginning of the claim, with it being thought that he sustained mainly soft tissue injuries. As a result, the case was submitted on the MOJ portal (claims portal). 

However, after it was initially thought that his left wrist issues were soft tissue in nature, they were subsequently diagnosed as a fractured scaphoid in March 2018.  

Unfortunately, the client had a rather turbulent recovery, and his fracture would not unite. Due to the ongoing wrist issues and client’s recovery, his case took almost seven years to settle. The client required multiple investigations, steroid injections, and multiple surgeries to his left wrist. The client initially had an arthrogram which involved inserting dye into the arm so that the fracture could be seen better. He later required an operation whereby bone marrow was removed from his hip and into his wrist in an attempt to aid recovery. The client subsequently underwent a further arthrogram and the hospital determined that no further treatment was required and discharged him.  

Despite being discharged, the client continued to suffer from aches and pain, weakness, stiffness, and reduced movement in the wrist. He therefore sought private treatment through his medical healthcare cover and underwent two procedures. The first being keyhole to check cartilage in his wrist and the second being open reduction and internal fixation wedge reconstruction bone graft. He later required a further two procedures, therapeutic arthroscopy (keyhole surgery on joints) of his wrist joint and removal of internal fixation (a process of reconnecting bones). The client then had to undergo a final procedure to remove the plate. 

The procedures have left our client with multiple noticeable scars to his wrist. He has also been left with permanent symptoms to his wrist such as pain and restricted range of movement. 

 

The case 

The client reached out and his claim was handled by the firm’s fast track team, where proceedings were issued, before being transferred to Jane Lyons, a solicitor in our Serious Injury Law team. 

Liability was admitted in full by the insurers at an early stage in the claim. 

Due to the three-year limitation period approaching, and our client still experiencing ongoing issues with his injuries meaning his claim was not yet ready to settle, our team issued a Part 8 proceedings and requested multiple stays whilst the client continued to have ongoing treatment. At the point of issue, it was anticipated that the pleaded value was unlikely to exceed £10,000 (meaning compensation at the time could not go above £10,000).  

Due to the claimant’s injuries not resolving as anticipated, the case was later transferred to our serious injury unit. It was shortly after that our team made an application to increase the claim value to not exceeding £100,000. 

 

The outcome 

Over the course of the claim, multiple offers were received, with the opening offer being £9,000. Our team advised the client to continue having ongoing treatment and seek further medico-legal evidence. The client took our advice and declined the multiple earlier low offers. The case eventually settled in the sum of £95,000. 

Our client is now using his settlement money as a deposit for his first home. He has recently met with a mortgage advisor and states that his settlement money will be a massive help in getting him on the property ladder. 

Reflecting on the case, Jane Lyons stated: “The client was an absolute pleasure to deal with. He had a ‘can do’ attitude and was determined to help his own recovery. Despite the multiple setbacks with his injuries and requiring numerous surgeries, he returned to work quickly after each surgery and continued to live his life with various minor adaptations. 

I wish him all the best for the future and hope he gets the dream home he is looking for.”