A settled claim covering future retraining needs

Levenes Settle Claim for Knee Injury with Expert Evidence on future retraining needs and Loss of Earnings.

Some injury claims we deal with are complicated by the nature of the injuries and their possible future effect on the Claimant.

It can be the case that an injury will deteriorate in the future, possibly many years in the future, and if there is a risk of that, care needs to be taken to obtain expert advice.

Legal help for serious injury

Our client suffered serious injuries when he was crushed between 2 cars on a so-called Smart Motorway. We have written about such cases before here.

The idea behind a smart motorway is to use up the hard shoulder by creating an extra traffic lane but as we described in our previous case study, this creates a risk of injury.

Future loss of earnings

In the case of our client, he suffered a severe injury to his knee. He was not able to return to his pre-accident employment as an underfloor heating installer.

The problem with that work is that you need to be able to kneel and squat – which our client could no longer do.

In order to mitigate his loss, our client trained as a lorry driver. He got his licence following the training and started working earning more as a lorry driver than he could have earned before.

He managed the driving work well. Modern lorries have automatic gearboxes and power steering. Some driving involves frequent stops and getting in and out of the cab and into the back of the vehicle, but our client found work without those features and was doing well.

He was able to claim the cost of this retraining and completely mitigate his loss of earnings claim.

Sadly, there was devastating news from the orthopaedic expert. Although he was able to work as a lorry driver now, the Claimant was likely to find it harder and harder to do this job in 10-15 years’ time due to arthritis. The expert said that our client was likely to need surgery in his mid-30s and would have to retrain.

Future employment options for Claimants in personal injury cases

On receiving this news, Levenes instructed an expert in vocational rehabilitation. These experts can be useful in helping and advising on employment options available to someone who has to retrain.

With the benefit of the advice of the expert, further retraining costs could be claimed, and it was possible to work out what the Claimant’s likely future loss of earnings would be when the time would come when he would have to change jobs.

It is important in these cases that the medical evidence is clear on whether there is a risk of future deterioration in the Claimant’s health due to osteo-arthritis or for some other reason and if that means a likely change of career, to consider the Claimant’s future retraining and work options as well as the cost of future treatment.

Accident compensation claims

Seeking the expert advice of a specialist road collision lawyer can be crucial in ensuring that your claim goes smoothly and that you get the support you need to recover from your injuries.

You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now.