Martin was simply standing on a pavement in a Manchester suburb one evening between Christmas and New Year in 2022 when his life changed in an instant. A car driven by a young man, who was driving without a licence or insurance, and with excess alcohol, suddenly mounted the pavement.
In the passenger seat sat the registered keeper of the vehicle, also intoxicated. The car struck Martin and forced him into a signpost, trapping his foot between the vehicle and the post.
Catastrophic injuries
The consequences were devastating. Martin sustained a catastrophic injury to his foot, including the loss of almost all of the skin, particularly the sole, together with the loss of the three outer toes and rays of the foot. He also suffered a fracture dislocation of the ankle of such severity that the foot and ankle ultimately had to be fused, with a pin placed through the heel and ankle.
Martin underwent multiple operations to salvage what remained of the foot, but there remained a significant risk that he may still require a further below-knee amputation. Alongside this, Martin also sustained a fractured upper arm, which required fixation by way of plate and screws. He was left with substantial scarring both at the skin donor site and on his injured right arm.
Legal advice
In the aftermath, the police advised Martin to seek the assistance of a solicitor, and he instructed our serious injury specialists to pursue a claim on his behalf. A claim was presented to the registered keeper’s insurers, who were bound to meet the costs of the claim and the compensation due to Martin arising from the collision. Following the conclusion of the criminal proceedings against both the driver and the registered keeper, liability was eventually conceded by the insurers.
James Gratton, Senior Associate in our serious injury team appointed a highly experienced case manager with expertise in amputation cases, and Martin was supported with private physiotherapy, counselling, and orthotics to assist his mobility, including walking with an offsetting brace.
The injuries were so severe that the risk of a further amputation to the remainder of the foot and ankle remained very real. Martin, however, was clear: he did not wish to undergo any further amputation unless infection developed and the decision was effectively taken out of his hands.
Settlement of the claim
Ultimately, Martin’s claim settled after the issue of court proceedings for a significant seven-figure sum. The settlement will enable him to purchase single-storey adapted accommodation, fund the replacement of his ongoing loss of earnings, and secure private orthotic provision for life.
Martin was very pleased with the outcome, not only because it provided long-term security, but because it allowed him to draw a line under the litigation and focus on moving forward with his life.
Martin said:
“James Gratton came to see me shortly after I had been discharged from hospital, I was immediately reassured with his expertise and wealth of knowledge regarding amputation personal injury cases. Through James’s endeavours, and the support of other employees at Hugh James, I now have a settlement that allows me to move on from this difficult period in my life, for this I am extremely grateful.”
Gerard Martin KC of Exchange Chambers also advised Martin regarding the settlement terms.
James Gratton, Senior Associate in our Serious Injury team, acted for Martin and said:
“Martin had been through the trauma of a very damaging injury, several surgeries, and many months of physical rehabilitation. He was unwilling to contemplate further amputation surgery to lose the remainder of the foot and the ankle. Thus a settlement at a figure somewhere between the valuations of the case with an amputation with future prosthetic provision and without an amputation with future orthotic provision was negotiated at Martin’s request.
The driver of the vehicle that caused the accident apologised to Martin personally at the Crown Court before sentence and that made a difference to Martin: Martin did not want to squeeze the last drop of compensation out of the case and was keen to draw a line under matters and move on with his life. This settlement allows him to do just that.”
