John Blake, a father and loving husband, sustained a life-changing amputation after he was involved in a road traffic collision while cycling to work.

Warren Maxwell, a partner in our Personal Injury department, conducted the claim and was assisted by associate James Philpott and paralegal Gurkirn Matto. Stewarts instructed James Counsell KC and Ben Bradley KC of Outer Temple Chambers.

The case

John Blake, a professional fish filleter who worked at Grimsby Dock, was cycling to work at 5am on a winter’s morning, when he was struck by an articulated lorry that turned across his path on a roundabout. John was knocked from his bike and sustained serious crush injuries to both his legs and upper limbs. The driver was unaware that he had struck John until told of the incident by a member of the public who caught up with him.

Injuries sustained and the impact on John’s life

Before the collision, John was an active and busy family man. He did not drive, instead relying on his bicycle to travel around his hometown and to work. He was a keen walker, often walking for miles in the local countryside. He enjoyed playing various sports with friends, such as golf, football and cricket.

John sustained life-altering injuries, the most serious being to his right ankle, which, despite the best efforts of his doctors, was eventually amputated after multiple surgeries and 12 months of treatment. John also sustained a nerve injury to his left wrist, resulting in ‘wrist drop’ and fractures to his right arm that never fully healed. These upper limb injuries impact John when using a wheelchair.

After the incident, John was unable to use the stairs in his home and was restricted to sleeping in the living room downstairs on a hospital bed provided by the NHS. His wife, Sarah, took time off work to help support his transition home.

John spent around three months in multiple hospitals receiving treatment and rehabilitation.

Rehabilitation

Despite the driver’s insurers never formally admitting liability, Stewarts was able to secure interim payments totalling £1.9m from them during the course of John’s case.

These payments allowed John to employ a case manager to project manage his rehabilitation and paid for a team of specialist rehabilitation professionals to maximise his recovery, including occupational therapists, physiotherapists and support workers.

The interim payments were also used to purchase and adapt a bungalow for John, as well as specialist equipment such as a powered wheelchair.

John used some of the interim payments to fund specialist in-patient rehabilitation at Dorset Orthopaedics, where he was also measured and fitted with several lower-limb prosthetics, which he subsequently trialled and purchased, including a microprocessor foot. These prosthetics have dramatically improved John’s ability to walk, and he plans to train for and complete the Three Peaks Challenge in the near future.

Experts and settlement

Both parties obtained expert evidence to assess John’s long-term care needs.

The parties worked collaboratively to meet John’s rehabilitation needs despite the driver not accepting fault for the collision. An offer to settle was made, where the driver’s insurers agreed to pay further compensation to John, which will allow him to continue his private rehabilitation, purchase replacement prosthetics and meet his lost income and support needs for the remainder of his life.

Life beyond injury

Post-settlement, John is looking to move past this traumatic incident. Thanks to the prosthetics and, more so, to John’s amazing resilience and commitment to rehabilitation, he continues to be a regular walker, has returned to riding a bike and is a key player on his local pool team.

John’s testimonial

John says:

“The first nine months were really hard for me and Sarah. When they took the muscle flap for the right foot, I didn’t know if I was ever going to be able to go out again. I was in and out of hospital due to many different infections, and finally, when they amputated my foot, it was the best I felt that year.

“The interim payments and ongoing treatment and therapy have made a massive difference. First off, I was thinking how I was going to cope money-wise, but Stewarts helped with getting everything that I needed.

“The settlement is going to help so much. I got my new prosthetic foot, which has helped massively. I can also pay for therapy and rehab going forward for the rest of my life.

“I have been able to play pool again, which has been great for me, and I even used some of the interim payments to buy a pool table for my home. Playing is good rehab for my injuries and a great way to improve my game!

“Stewarts has been brilliant, I appreciate everyone who has helped me; no complaints with anyone, everyone was fantastic. Anything I needed, Warren and his team were on it. All I can say is that Stewarts are amazing. They were great.”