Medical evidence proves the difference
Digby Brown Solicitors secure over £200,000 in damages on behalf of Colin Leggat - double the
pre-litigation offer.
The case was heard at the Court of Session, and dealt specifically with the medical evidence,
as liability, was not disputed by the Defenders. Mr Leggat had been riding his motorcycle on
the A736 near Barrhead when a Mercedes turned right into his path. Mr Leggat was thrown from
his motorcycle and sustained severe injuries to his pelvis and hands.
Employed as Licensed Aircraft Maintenance Engineer, Mr Leggat’s work involved an unusual
combination of both high dexterity together with heavy manual work. Mr Leggat was able to return to
his employment at Monarch Aircraft Engineering, after 4 months recuperation, however due to his
injuries was not able to take up his former job and initially given a more managerial sedentary
role. He did manage to work in his pre-accident position however was made redundant in
December 2007. During 2008 Mr Leggat became self-employed working in the field of aircraft
maintenance where the demands on his hands are even greater.
The case hinged on opposing opinion from the medical experts as to whether Mr Leggat will be
able to continue working in his field as both his hands have deteriorated since the
accident. Expert evidence was led in the pursuer’s case from Angus McLean a Consultant
Trauma and Orthopaedic Surgeon at Glasgow Royal Infirmary who had examined Mr Leggat 3 times since
the accident. Mr McLean had taken the time to examine the tools which Mr Leggat used and
realised the amount of fine dexterous tasks he undertook. Mr James R Lindsay, Consultant
Orthopaedic Surgeon for Forth Valley Health Trust gave evidence for the Defenders and had examined
Mr Leggat in February 2009 and was of the view that the restrictions he found in Mr Leggat’s hands
would not prevent him from using pliers and crimping tools in his work. Mr Lindsay was then
shown the items the pursuer requires to use he accepted that these were much smaller and finer than
he had envisaged.
Ross Slater, partner in Digby Brown’s
Glasgow office said: “This case was all about the detail, we were offered a substantial offer
pre-trial, but thanks to our insurance funding scheme Compensate we could afford the time and
expense to allow Mr McLean to do his job properly and with confidence advised our client that
litigation would be best route to gain full and fair compensation.”
Compensate is the trading name of
Compensation Claims Funding Limited, a limited company wholly owned by Digby Brown Solicitors. The
Compensate scheme gives clients of Digby Brown Solicitors complete protection against liability to
pay the other side's legal expenses should the case be lost. It also provides a complete funding
package to pay the fees of expert witnesses.
Many accident victims are forced to accept inadequate out of court settlements because they
cannot afford to take the negligent party to court. With the Compensate indemnity and funding
package, you can negotiate from a position of strength. If a satisfactory settlement cannot be
obtained, your case can be pursued through the courts.