Title: Potential Amputation and Provisional Damages

Date: 27 October 2010

I’ve a personal injury claim which my solicitors have been dealing with for four years after my motorcycle accident. Court proceedings were -issued in early 2009 but the case keeps getting placed on pause. I think it is because the main fracture to my left leg is still not healed. I’m fed up with the stress of the case and would like to conclude it, but my solicitors say they cannot do so because of the ongoing problems I have. Can I settle my case? I could do with the money.

Belinda Lees, Rotherham

Courts often agree to a stay in proceedings when a case is not ready for settlement. I assume that due to non-union of the bone in your leg your solicitors are concerned that you may still be at risk of amputation. One possible solution, is to ask your solicitors about ‘Provisional Damages’. You can settle your claim on the basis of your injuries now and return to court for more damages later should the amputation actually happen. Such a settlement requires a court order and your solicitors may need to ask for permission to amend the particulars of the claim.

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