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Case study: Zurich Insurance — amputation claim

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The Claimant sustained a below knee amputation when he alighted a refuse truck and his foot became caught under the front nearside wheel of the vehicle. 18 months after the accident he was sent to prison for 18 years for attempted murder. His incarceration made the claim very difficult to progress.

There would normally be a claim for the cost of private prosthetics in an amputation case but the Claimant was mobilising well with NHS provision in prison. On the basis he would be in prison for many years, we argued that private providers would be unable to service his requirements so this aspect of the claim “fell away”. The Claimant argued that his injuries would prejudice his position on the labour market when he was released but we resisted this, pointing out that an 18 year prison sentence for attempted murder would have a significantly greater impact. As a result we were able to settle the claim for about half of its pleaded value, which totalled £2,500,000. 

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