Our client, Michael, had been riding his motorcycle when a car travelling in the opposite direction swerved into his lane and collided with him. He sustained an above knee amputation to his right leg together with orthopaedic and psychological injuries.
The claim was transferred to our Serious Injury department after the client sought a change in legal representation, having previously instructed two other firms on separate occasions.
When the claim was transferred to us, a settlement meeting had already been scheduled for the coming months. It quickly became clear, however, that the case could not sensibly be resolved at that stage.
The need for prosthetics
Michael required complex surgery which would determine whether he would be able to use prosthetics in the future. The availability, functionality and longevity of prosthetics would represent a substantial element of any future compensation award.
Proceeding to a settlement meeting before this surgery would have risked undervaluing the claim. Upon instruction, our team met with the client to gain a clear understanding of his injuries, living situation, rehabilitation needs, and goals for the future.
We held a constructive route mapping meeting with the defendant’s solicitors and secured an interim payment, enabling Michael to progress with the required surgery and undertake a prosthetics trial.
An updated report was commissioned from the case manager with recommendations for the following eight weeks, including surgery, post-operative rehabilitation and work towards Michael’s wider functional goals.
In parallel, we obtained updated medical and employment records so that expert evidence could be lined up and finalised once the client’s surgery and rehabilitation pathway had been completed.
Rehabilitation progress
Four months after the case manager’s update report, it became apparent that progress on
rehabilitation and equipment needs had stalled. This led to a loss of confidence in the case manager, and a replacement was appointed to restore momentum and ensure effective coordination of Michael’s care.
With a clearer rehabilitation plan in place, we considered it appropriate to reschedule the settlement meeting for a date one year later. This allowed sufficient time for surgery, recovery, and a meaningful trial of prosthetics, after which the long-term value of the claim could be assessed with greater certainty.
A further interim payment was obtained, enabling us to closely with the new case manager (instructed on a unilateral basis) to arrange private surgery, followed by structured rehabilitation and a prosthetics trial. During this period, expert evidence was obtained across multiple disciplines including dietetics, life expectancy, accommodation, assistive technology, physiotherapy, orthopaedics, rehabilitation medicine, prosthetics, and psychiatry.
While this work continued, the Defendant made an early settlement offer. Negotiations followed, with our team advising Michael throughout. Shortly before the scheduled surgery, the defendant made a further offer, at a time when the outcome of surgery – and therefore the long-term prognosis – remained uncertain.
Legal advice
Working closely with leading counsel, we advised that acceptance at that stage would not be in Michael’s best interests. Two days after surgery, a further offer was made. Despite the surgery having been successful, the longer-term functional outcome, including Michael’s ability to use prosthetics, remained unclear.
We sought additional time to allow the client to focus on recovery and to enable proper evaluation of risk. Throughout this period, our team worked intensively with leading counsel to ensure Michael received clear, balanced and carefully reasoned advice during an exceptionally challenging phase of his life.
The claim ultimately concluded with a total settlement of £3 million.
Michael’s case highlights the importance of highly skilled catastrophic injury solicitors who can integrate complex rehabilitation planning with high value litigation strategy. It also illustrates the need for strong and steady guidance when clients are required to make significant decisions under conditions of medical uncertainty and time pressure.
Siobhan Thomas, Partner at in our Serious Injury team, with assistance from Anu Manda, Associate, acted for Michael.
Siobhan Thomas said: “This was not simply about achieving a financial outcome; it was about protecting the client at a time of real uncertainty. He was undergoing complex surgery, with his future mobility and independence very much in the balance. Settling too early would have carried a significant risk of undervaluing his claim.
Our role was to guide him through those uncertainties, ensure his rehabilitation was properly funded, and provide clear, steady advice so that any decisions were taken at the right time and with full information.”
