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Richard Meggitt
Partner/Solicitor
Major Trauma Cases
0114 2672472
Year of call as a solicitor 1996.
Richard is a qualified solicitor, having joined the firm in 1996. He has deliberately restricted his case load to serious injury claims. Having acted for more than 500 Claimants in major trauma cases, his expertise is recognised by the Association of Personal Injury Lawyers; Richard is a senior litigator.
Certainty and Recovery – The Value of using the Serious Injury Guide and an early Joint Settlement Meeting in a catastrophic injury contested liability claim
JB (Claimant) v Hastings Direct
Summary
- Claimant’s Solicitor: Accident Solicitors Direct, Sheffield (Led by Richard Meggitt)
- Defendant Solicitor: Keoghs Solicitors (for Hastings Direct)
- Date of Accident: 14 January 2023
- Claimant Solicitors instructed: 19 January 2023
- Serious Injury Guide: Letter of Notification 23 January 2023
- Teams Meeting Claimant and Defendant solicitors: 27 January 2023
- Case Manager Jointly Instructed: Jason Chidwick (Amputee Specialist) on 1 February 2023
- Immediate Needs Assessment 15 February 2023
- Teams Meeting Claimant/Defendant solicitors and jointly instructed case manager: 22 February 2023
- Resolution Date: Scheduled JSM: 22 November 2024
- Final Settlement Value (Actual): £1,500,000 net (Net of CRU, all rehab costs, and £50,000 in Interim Payments).
Liability Status: Contested (Resolved on a ‘Without Prejudice’ basis).
Introduction
This case study demonstrates the profound benefits of the Serious Injury Guide and Rehabilitation Code when facing contested liability in a catastrophic claim. The Claimant (JB), a young man who suffered a life-changing below-knee amputation, faced significant uncertainty from the outset due to issues surrounding the RTA, where, as a motorcyclist, he was turning right across the Defendant’s car, which was driven at very high speed.
The collaboration between Accident Solicitors Direct and Hasting Insurance Company/Keoghs Solicitors ensured that JB achieved maximum recovery and financial certainty quickly (22 months post-accident), while simultaneously generating substantial cost avoidance and certainty for the Compensator by resolving both the liability risk and the complex quantum pre-litigation.
I. The Claimant’s Exposure and Recovery (The Human Cost)
Summary of Loss and Disability
JB, aged 22 at the JSM, was stripped of his pre-accident vocational path as a Paramedic and left with a permanent disability requiring major life changes.
| Injury Location | Specific Diagnosis | Recovery Hurdle and Cost Implications |
| Primary Injury | Left Trans-tibial Amputation (TTA) | Lifelong need for advanced prosthetics, revision surgery, and extensive training. |
| Contralateral Injury | Right Knee Ligament Tear (ACL/PCL/LCL): Required private reconstructive surgery. | Critical Recovery Barrier: The injury to the only sound weight-bearing limb severely hampered mobility and prosthetic integration, threatening total functional loss. |
| Associated Injuries | C7 Spine Fracture, Pelvic Fractures, Retroperitoneal Haematoma, Severe Psychological Trauma. | Increased complexity of General Damages and initial inability to participate in rehabilitation. |
| Loss Head | Key Detail | Unmitigated Personal Risk |
| Recovery Certainty | Life-changing injury with dependence on high-end prosthetic technology. | Long-term functional decline, mental health deterioration, and reliance on ill-fitting NHS provision. |
| Vocational Loss | Loss of career as a Paramedic | Risk of total unemployment, leading to social isolation and reliance on benefits. |
| Accommodation | Current single-level family home is unsuitable for long-term mobility. | Prolonged stay in unsuitable housing severely restricting independence and quality of life. |
| Litigation Stress | Liability was contested (car driven at speed, but issues existed). | Years of litigation stress and the risk of a significant discount on damages at trial due to a finding of contributory negligence. |
II. Strategic Intervention: Prioritising the Claimant’s Needs
The success of this claim stemmed from immediate action and joint funding, starting three days post-instruction, despite the ongoing liability dispute.
| Strategic Action | Key Benefit to Claimant (JB) | Benefit to Defendant (Certainty & Cost Avoidance) |
| Speedy Legal & Rehab Process | JB’s legal process initiated 4 days post-instruction (LoN), and specialist Case Manager (Jason Chidwick) appointed 18 days post-accident. | Avoidance of Litigation Costs: Saved the cost of issuing proceedings, Case Management Conference (CMC), Disclosure, and a full trial. |
| Contralateral Limb & Prosthetic Funding | Funding ensured private reconstruction of the injured right knee and provision of the high-end prosthetic foot. This resolved the greatest functional barrier, enabling JB to achieve SIGAM Grade E mobility. | Cost Reduction via Mitigation: Functional improvement allowed JB to secure part-time employment, substantially reducing the exposure to high-value future loss claims. |
| Securing Interim Funds | Received £50,000 in Interim Payments without waiting for liability admission, easing financial stress and funding initial living expenses. | Protected the Defendant’s reserve funds and ensured the Claimant’s motivation to participate in rehabilitation. |
| Early JSM (22 Nov 2024) | Client gains immediate financial certainty at age 22 to purchase and adapt single-level accommodation. | Resolves Liability & Caps Exposure: Eliminates the risk of a high adverse trial finding on the contested liability issue, thereby capping the financial risk and providing immediate certainty. |
III. Quantified Benefits Summary
The final resolution achieved through the JSM demonstrates a win for both parties: certainty and maximised recovery for the Claimant, and cost avoidance for the Compensator.
| Benefit Category | Quantification |
| Claimant Certainty | Achieved full financial closure in 22 months (pre-issue JSM) compared to the typical 3-4 years for contested serious injury claims. |
| Functional Outcome | JB achieved a SIGAM Grade E mobility and secured part-time employment due to the critical funding of specialist private prosthetics. |
| Defendant Cost Savings (Litigation Avoided) | Avoidance of Multi-Track litigation costs by resolving contested liability pre-issue. |
| Defendant Benefit: Risk Resolution | Caps Total Financial Exposure by resolving the dual risk of (1) high adverse liability finding and (2) high quantum award. |
Conclusion
The final settlement provided JB with the essential funds required to regain his independence (adapted home, full prosthetic suite), achieving a level of certainty and recovery that would have been impossible under a traditional, adversarial litigation model. This outcome underscores the strategic value of adherence to the Serious Injury Guide, providing the Compensator with certainty, the ability to cap their financial exposure early, and avoiding the substantial and unnecessary costs of contested litigation.
If you or someone close to you has been involved in a road traffic accident, even one where liability is in dispute, contact Accident Solicitors Direct.
Our team is ready to help you get fair compensation. A free consultation with one of our serious injury experts can give you immediate direction, a realistic view of your options, and reassure you that you’re not navigating this alone.
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