Pedestrian Accident Compensation Lancashire

Posted on October 9, 2020 by SheldonDavidsonSolicitors

COMPENSATION WON

£1,000,000

Sheldon Davidson Solicitors have successfully secured an injury compensation settlement of £1,000,000 for a 58-year-old man from Lancashire.

What happened?

Mr. Whitehurst was hit by a reversing bin wagon in December 2018 whilst he was walking through Prestwich Village on his way to catch a bus.

Mr. Whitehurst was already partially disabled with a below the knee amputation to his left leg.

The wagon appeared to be turning right off the main road but had in fact swung round into the road to commence a reversing manoeuvre. Mr. Whitehurst began walking across the minor road, which the wagon was intending to reverse into.

The driver of the bin wagon failed to make use of his travelling banksman and did not witness Mr. Whitehurst crossing the road. The back of the wagon, which had the bin lifting operation equipment installed, came into collision with Mr. Whitehurst pushing him over and pulling him under the wheels of the wagon which drove over both of his legs (lower and upper parts of his legs).

What injuries were sustained?

Unfortunately, the injuries Mr Whitehurst sustained were extremely serious.

The main injury was to his right leg which lead to an amputation below the knee (a transtibial amputation) with further injuries to the left residual limb and bilateral femoral fractures.

Mr. Whitehurst is now a bi-lateral amputee with significant limitations on his life and long-lasting emotional suffering.

What are the long-term impacts of the accident?

Mr Whitehurst has sustained life-changing injuries which present huge challenges to everyday life.

He is unable to gain access to the upstairs of his property which means relying on a commode and limited washing facilities to take care of his personal hygiene.

He has to rely on daily carers as well as friends and family to provide further support with cleaning and shopping.

The injuries caused to the femurs make it difficult use prosthetics, so he is having to use a wheelchair more often than he had ever had to before. He is often left frustrated and at times reluctant to leave his home to socialise and take part in community life.

Mr. Whitehurst had a poor medical history due to long standing diabetes as well as a double pancreatic and kidney transplant which along with the trauma of the amputation would result in reduced life expectancy.

He would require some level of care for the rest of his life as well as adaptations to his accommodation so that he could live the independent life he had before the accident.

How did we help?

As a leading serious injury claim law firm in Greater Manchester, with a long track record of success in claiming compensation for pedestrian accidents, we were an ideal match to help Mr Whitehurst in his time of need.

Following a personal recommendation from Mr. Whitehurst’s family friend, someone we had previously achieved a positive outcome for on a particularly challenging case, Mr. Whitehurst asked Victoria Martin from Sheldon Davidson Solicitors to visit him in hospital.

Following this initial discussion, he invited her to represent him in this matter.

We immediately appointed a case manager from HCML to enable liaison with the hospital to establish Mr. Whitehurst’s needs at the point of discharge.

Appointment was agreed under the terms of the Rehabilitation Code as we recognised a good cash flow was going to be vital within the first 12 months of Mr. Whitehurst’s discharge from hospital to ensure he had the benefit of a multi-disciplinary rehabilitation team, private prosthesis as well as aids and equipment.

Although liability remained outstanding, the Defendant’s Insurers agreed to offer funds under the code as well as an interim payment to fund therapies and prosthetics. Part of this funding enabled a 4-week residential rehabilitation programme at Steps in Sheffield.

How was the claim settled?

The detailed report produced by our medical experts concluded that Mr. Whitehurst’s life expectancy was limited, and we fought for an early settlement to ensure his immediate health and well-being needs were met.

An offer of £1,000,000 had been made in December subject to a 20% contribution of liability by Mr. Whitehurst which would have meant a settlement of £800,000.00.

When we entered into negotiations with the Defendants, we made it clear that we would not be accepting any contribution at all in terms of liability.

Final settlement was agreed at £1 million.

How is the client benefitting from the successful claim?

The settlement has enabled Mr. Whitehurst to access the best possible standards of care, making his life as comfortable and manageable as possible.

Following surgery on his femurs it is hoped he will have better functionality with his prosthetics and regain some of his independence.

Once he has had surgery and the necessary therapy, he will be in a better position to decide whether he can remain in his current home or whether he will need to consider alternative one level accommodation.

A word from us…

David was a pleasure to work with. He is a bright, intelligent man who was determined and adamant about what he wanted and his intentions on how he wanted to achieve this, even if it was often against the advice of the medical profession.

There were difficult days for him, but he never hesitated in picking up the phone if he needed to off load a little and I was always happy to listen and talk if he needed me to.

Despite this he has always remained positive and taken control of how he wants his life to be, even if at times he has felt limited.

Contact Sheldon Davidson Solicitors

Our personal injury solicitors regularly act for clients following serious and catastrophic injury claims.

Unfortunately, many pedestrian accidents involve injuries of a very serious nature.

If you or a loved one have been injured following an accident that was not your fault. Please talk to our team. We help in far more ways that just securing compensation.

Our team of recognised Serious Injury Claims Solicitors can support your needs wherever you live in Wales, England & Northern Ireland. We serve clients across the UK.

We specialise in no win no fee personal injury claims, which means, in the unlikely event your claim is not successful, you won't have to pay and fees toward the work we’ve already done.

Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you. Sheldon Davidson Solicitors are a Lexcel accredited law firm.

The Lexcel standard is only awarded to firms that meet the highest standards of practice management and customer service.

With Sheldon Davidson Solicitors in Whitefield, Manchester you can be confident that your claim is in safe hands.

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David and I and all our family would like to thank you for your continued support, patience and hard work.  The past 5 years have been an extremely difficult time for us, and your advice and empathy has really helped us along the way.  We are so grateful to you because David can now move onto his next chapter.  Many Thanks.

Mrs A 2 months ago

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  • David and I and all our family would like to thank you for your continued support, patience and hard work.  The past 5 years have been an extremely difficult time for us, and your advice and empathy has really helped us along the way.  We are so grateful to you because David can now move onto his next chapter.  Many Thanks.

    Mrs A

  • You have done an outstanding job in dealing with my claim and treated both myself and my wife in a totally professional manner

    Mr P

  • I would like to thank you so much for all the hard work that you put into my case which was complex and challenging. You were always professional, polite, and efficient but also had that human touch which was most welcome, especially when having to discuss personal medical information.

    Mrs. C Earnshaw