Young lawyer calls on courts to set Rolls Royce standard for amputees

A Scots lawyer acting for motorcyclists who have lost limbs in road traffic accidents is calling on the courts to standardise their approach to compensation claims for prosthetics.

Jodi Gordon, 28, of Motorcycle Law Scotland (MLS) (pictured) argues that if judges follow the principle of the law, all amputees should be awarded state-of-the-art prosthetics and allowed the best chance of recovery and an active future.

The law behind civil claims for compensation following the negligent act of another is to put the injured party back in a positon had the incident never occurred, but the practice is far from consistent for amputees.

Ms Gordon said: “Why shouldn’t an individual who has lost a limb, as a result of the negligence of another, be entitled to the best available if it can be seen to benefit their recovery and quality of life?

“The principle of the law, which seeks to compensate a pursuer so as to allow them to return to their pre-injury life as far as possible, would seem to suggest that the best, is best. Rolls Royce should be the standard and all claims should be approached knowing that this is the case.”

In the case of Adam Wagner v Thomas Grant & Arla Foods UK PLC 2015 CSOH 51, Lord Uist made the decision that Mr Wagner, MLS’s client, was entitled only to the basic limb recommended by the defenders and their expert.

Ms Gordon is now hoping to gather the support of more legal professionals to collectively demand an open and transparent discussion about the proper implementation of the ‘like for like’ legal principle as it applies to civil claims brought on behalf of amputees.