PRESS RELEASE
Today the High Court approved the personal injury settlement for a 30 year old who suffered a catastrophic brain injury in a road traffic collision in 2003. Mrs Justice Sharp heard Mr Christopher Wilson-Smith QC, barrister for the Claimant at the Royal Courts of Justice.
The claimant will receive £2,525,000 by way of an immediate lump sum payment and then £180,000 a year for the rest of his life index linked to carers earnings.
In 2003, his motorcycle was involved in a collision with a car at a traffic light controlled junction near Bournemouth. There were allegations as to who drove through a red light prior to the collision, whether his riding was negligent, whether he failed to wear his motorcycle helmet.
Liability was heavily contested by the car driver's insurers for over three years, until the case was compromised in 2007 on the basis of only a 10% reduction for contributory negligence, with him therefore receiving 90% of whatever his final compensation was to be awarded.
This settlement equates to approximately £7.4m on a capital basis, and if he had received his damages on 100% recovery basis this would equate to over £8.3m. The compensation fund will be managed by a Professional Deputy under the Direction of the Court of Protection.
As a result of the collision, he suffered a very severe brain injury and has been left with major cognitive and physical difficulties. He is doubly incontinent, suffers with very severe deficits of intellect, memory, attention, language and his planning / organisational skills. He continues to receive regular speech & language therapy, physiotherapy, occupational therapy, as well as neuropsychology input.
He will never work and requires 24 hour care & supervision for the rest of his life. The injury has reduced his life expectancy, but it is anticipated by the medical experts that he will still live in to his mid 70s.
Speaking after today's hearing, Clare Salmon, Senior Associate in the Personal Injury Department at Stewarts Law, said :
"This is an excellent result for the claimant and his family, which will mean he has financial security for the rest of his life to ensure his extensive care needs are met.
After five years of being a resident in hospitals or rehabilitation settings, he has flourished in his own home since the move in summer of 2008, and it is a joy to see how much he has progressed having his own specialist privately paid care package.
His Case Manager, his dedicated Care team and family have helped him enormously integrating back into the community, and are a tribute to the subtle improvements that can be made in those with the most severe brain injury."
His mother commented :
"This settlement will not replace the person we knew before the accident and how this has impacted on all members of the family including his older and younger siblings, but it will ensure that he will have a better quality of life for the rest of his life, with the support of his case manager, support workers and other professionals involved in his daily care, which we will continue to part of.
I would like to thank all my family and friends who have supported us throughout this very long litigation process. I would also like to thank Clare Salmon of Stewarts Law and Christopher Wilson Smith QC for their constant support and at times it has felt as if they have become part of our family in doing this."
ENDS
For further information, please contact:
Clare Salmon
Senior Associate Solicitor
0207 822 8026 / 07825 747624
csalmon@stewartslaw.com
Alon Riza
Marketing Manager
0207 822 8037
ariza@stewartslaw.com