Major Orthopaedic & Complex Ligamentous Injury Claims

Team Oversight

Your case will be managed by either Richard Meggitt (APIL Accredited Senior Litigator) or Ralph Clark. Crucially, either solicitor will visit you at your home throughout the life of the case, ensuring continuous personal oversight. Ralph Clark specialises in severe physical trauma. Each senior solicitor is supported by a dedicated team of solicitors and support staff to ensure robust operational management.

Phase 1: Immediate Crisis and Intervention (The First 6 Months)

This phase focuses on stabilizing the physical injury, immediate pain relief, and planning for reconstruction.

• Initial Focus: Severe fractures and ligament damage often result in complex, long-term instability and functional loss. We initiate your case with free psychological therapy to help manage the emotional impact of long-term immobility.
• Unique Action: We secure quick access to your £5,000 interest-free loan for urgent expenses and immediately begin the process of applying for the first Interim Payments to fund necessary private physiotherapy and surgical consultations.
• Rehab Commitment: We immediately engage a Case Manager to focus on setting up a coordinated physical rehabilitation plan.

Phase 2: Rehabilitation Blueprint & Legal Foundation (The First 12–18 Months)

This phase formalises the functional prognosis and builds the evidence base for future surgical needs.

• Adherence to the Rehabilitation Code (2015): We immediately enforce the Rehabilitation Code (2015) to fund a formal Immediate Needs Assessment (INA). This ensures rehabilitation begins without delay, aiming to restore maximum possible physical function.
• Expert Instruction: Building the Team: Our litigation strategy requires a multi-disciplinary panel of experts whose reports quantify your exact needs for the Court:
  • Orthopaedic Trauma Expert: Crucial for assessing the long-term joint stability, the success of surgical fixation, and the likelihood of future failure (e.g., joint replacement).
  • Care and Services Expert: Required to detail and cost the support package necessary due to mobility restrictions over your lifetime.
  • Accommodation Expert: Crucial for assessing your current and future housing needs, including necessary adaptations (e.g., lifts, ramps, accessible bathrooms).
  • Occupational Therapist: Used to quantify the impact of functional loss on your daily living activities and work capacity.
• Legal Action: We adhere to the Personal Injury Protocol guidelines, and if liability is denied, we prepare to issue High Court Proceedings to advance the case.

Phase 3: Valuation, Litigation, and Strategy (The Lifetime Calculation)

This phase focuses on calculating lifetime damages driven by functional loss and future medical intervention.

• Valuation Strategy: Valuation must project the cost of future surgical intervention (e.g., future knee or hip replacements), medication, and the lifelong cost of reduced physical function.
• Heads of Damage: The core value is driven by:
  • Future Surgery Costs: The substantial cost of future medical procedures (e.g., metalwork removal, joint replacements) and associated physiotherapy.
  • Loss of Future Earnings: Accounting for reduced mobility or the inability to return to your pre-accident physical profession.
  • Aids and Equipment: Costs associated with bespoke wheelchairs, orthotics, or stairlifts.
• Litigation Support: We involve our specialist Barristers (from 4KBW or Ropewalk Chambers) early to advise on complex causation arguments and the final High Court quantification strategy.
• Negotiation Strategy: The Joint Settlement Meeting (JSM)
  • The final stage of negotiation often takes place at a Joint Settlement Meeting (JSM), which is a Without Prejudice (W/P) meeting, allowing all parties to negotiate freely and openly towards a final settlement figure.

Phase 4: Financial Security and Protection (Post-Settlement)

This final phase ensures the compensation is safeguarded for your lifetime.

• Protecting the Funds: Since this claim does not involve a brain injury, you retain full legal capacity over your settlement. Our focus shifts to ensuring the award is managed for your long-term security.
• Trust Setup: We work with financial experts like Frenkel Topping, based in Manchester, to set up a Personal Injury Trust (PIT) to safeguard the settlement. This is essential, as it ensures the compensation is professionally managed and does not affect your entitlement to state benefits.
• PPO Strategy: We advise on the suitability of using Periodic Payment Orders (PPOs)—tax-free annual payments—to provide a secure, inflation-proofed income stream for your future care and predicted medical costs.