Provisional damages victory for woman hit by car decade ago

How can we help you?

Your enquiry will be reviewed with no obligation.

Provisional damages victory for woman hit by car decade ago

20th December 2011

An elderly woman who has undergone two knee replacement operations and may lose her leg after being hit by a car ten years ago, has received £175,000 in provisional damages in an out of court settlement.

The pensioner sustained terrible injuries when she was struck by a car as she crossed a road near her home in 2001. Andrew Taylor, a serious injury expert with Fentons Solicitors LLP, explained that the ‘provisional damages’ settlement will entitle his client to receive further compensation as her condition deteriorates and her needs increase in the future.

“My client was hurled onto the bonnet of the defendant’s vehicle as it struck her, and spent almost a month in hospital being treated for her various injuries,” he said. “She sustained a head injury, fractured her hip and her left leg, and also severely damaged her left knee.”

Andrew said it was the knee injury which had led to his client’s subsequent years of pain and immobility. “When she was finally discharged from hospital she was reliant on a wheelchair to get around,” he said. “It was a further two months before she was able to begin walking again - but that was only with the help of a Zimmer frame – and then several weeks before she was able to use walking sticks.”

Unfortunately, the elderly woman never recovered from the injury to her knee and this led to her having a first total knee replacement almost a year after the incident. “Her knee later became infected, and despite doctor’s best efforts to ‘wash out’ the infection, she had to undergo a revision operation, where the various components of the knee are removed and replaced,” said Andrew.

“But that failed to cure the infection and further problems led to my client needing a second total knee replacement - almost four years after the incident by this point. Unfortunately it soon became clear that the infection was still present.”

Andrew said that his client now suffers a daily discharge from the damaged knee which requires constant monitoring and dressing. “The infection is so extensive that she has recently had to consider further surgery,” he said. “As her situation deteriorates, there is a possibility that the next operation she will have will be the amputation of her leg.”

He explained that the case had taken so long to settle because the defendants had argued that the injuries had only accelerated a pre-existing condition in her knee, rather than caused the long-term effects. “We resolutely disputed that point, and after speaking to several medical specialists we were able to secure expert witness evidence to demonstrate that my client’s injury and subsequent condition were entirely as a result of the incident,” said Andrew.

The £175,000 settlement was approved by the court with the proviso that the court can consider awarding further damages should the woman’s condition deteriorate.

“My client’s life has been affected massively by the injuries she sustained a decade ago,” said Andrew. “The settlement takes into account the future care, support, home adaptations and specialist equipment she will need, with the added safeguard that should she require her leg amputating, we can seek further damages to help in her recovery.”

Following the settlement, Andrew arranged for his client to meet with the specialist department at Fentons to assist in setting up a Personal Injury Trust to safeguard her compensation.

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for individuals who sustain serious injuries in road traffic accidents.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.