PRESS RELEASE
LARGEST PERSONAL INJURY PERIODICAL PAYMENT AWARD
The High Court today endorsed a settlement in the case of Kevin Clark who was rendered tetraplegic, paralysed from the neck down, in a road traffic accident in 2004. Under the terms of the settlement, Mr Clark will receive a lump sum of £1.35 million plus annual payments of £280,000 for the rest of his life. This is believed to be the largest periodical payment order made to date. Over the course of his lifetime, Mr Clark expects to receive damages totalling £6.8 million.
Mr Clark, a father of two from Coven in Staffordshire, was aged 45 when on 7 December 2004 a car collided with the rear of his bicycle as he cycled home from work. As a result of the accident Mr Clark suffered fractures to his neck and was paralysed. The car driver, Mr Edward Wharton, pleaded guilty to driving without due care and attention at Cannock Magistrates Court on 11 November 2005.
Despite Mr Wharton's guilty plea, his insurers denied any liability to compensate Mr Clark and in fact alleged that he had been the author of his own misfortune.
As a result of his injuries, Mr Clark requires 24 hour care for the rest of his life and is completely dependent on a motorised wheelchair for his daily movements as he cannot move his legs and has severe limited use of his arms and hands.
Since 1 April 2005, Claimants have had the option of taking their damages in one large lump sum or, alternatively, taking a smaller lump sum together with annual periodical payments that continue for as long as the Claimant lives. In cases of severe injury, periodical payments are often used to fund the Claimant's ongoing care. Mr Clark opted to take the majority of his damages by way of a periodical payment which is index linked to protect against inflation.
As recently as August 2007 Mr Clark transferred his instructions to Stewarts Law, the leading spinal cord injury firm, having been dissatisfied with the performance of his previous solicitors. Faced with a trial in December 2007, Stewarts Law had just 3 months to put the case together. Through a combination of experience, expertise and sheer hard work, Stewarts Law was able to turn the case around and secure a favourable result for Mr Clark.
Mr Clark's Solicitor, Ben Townsend, a Partner in the Personal Injury Department at Stewarts Law in Leeds, commented:
"This excellent award reflects how Kevin's severe injuries will affect him for the remainder of what I hope will be a long life. As is all too often the case, Kevin has had to fight a long legal battle to achieve a fair award of damages but now he can get on with the rest of his life. This case also demonstrates the importance of instructing a solicitor with specialist knowledge of spinal cord injury claims. Had Mr Clark not transferred his instructions to Stewarts Law, he could not have achieved such a favourable outcome"