Stewarts has secured a £41.7m settlement for a seriously injured child pedestrian, which includes annual payments to fund their lifetime care needs.

At a High Court hearing on Monday, 10 June 2024, Sarah Clarke KC approved the settlement of a claim for damages brought by our client. The court had previously ordered that the claimant’s and family’s details remain anonymous.

Road traffic collision

The claimant had sustained a severe life-changing brain injury in a road traffic collision while walking on the pavement. A claim was brought against the driver of the vehicle, who was insured by Aviva.

Our client’s mother instructed Personal Injury partner Clare Salmon to pursue the claim in 2020.

The claimant’s severe brain injury requires 24-hour care and therapies for the rest of their life, which is estimated to be a further 48 years.

Interim payments

During the claim, Stewarts secured over £6.5m in interim payments from Aviva to support funding for the claimant’s 24-hour care team, therapies and extensive equipment needs. This enabled the family to fund a temporary rental property after discharge from hospital and then purchase and renovate a more appropriate longer-term property.

Settlement

The claimant will receive a lump sum of just over £18m (including the interim payments of £6.5m already received), plus periodical payments of £455,320 every year, which will increase annually in line with a carer’s earnings index. These payments capitalise the claim at £41.7m over the claimant’s lifetime, the highest value injury claim secured by Stewarts to date.

During the four years we were instructed, the parties had regular ‘way forward’ meetings to explore the issues and secure regular interim funding for the claimant. Settlement of the claim was agreed between the parties in April 2024. The regular interim payments were important to ensure the claimant had enough funds for their extensive rehabilitation programme and higher living costs, which was hugely reassuring for the family. The claimant, therefore, had access to the specialist rehabilitation and care needed to progress their recovery at the earliest opportunity to maximise their potential.

The total capitalised value of the settlement is £41,705,604, which is thought to be one of, if not the highest settlements achieved at the current discount rate of -0.25%.

Collaborative approach

The defendant team from DWF and Aviva adopted a collaborative approach from an early stage. Inevitably, there were disagreements in relation to some of the issues in the case, but the parties ensured these were resolved swiftly, and a protracted court trial was not needed.

Experts on both sides of the case agreed that the claimant required 24-hour care, but there was a difference of opinion about what care and therapies would be reasonably required and how they should be delivered. Similarly, it was agreed the claimant required a larger property, but the size and adaptations required were contested.

Stewarts’ legal team was led by partner Clare Salmon, who was supported by associate Huseyin Kahyalar. William Latimer Sayer KC and Chesca Lord, both of Cloisters, acted for the claimant.

Testimonial and commentary

The claimant’s litigation friend says: “Thank you so much to the legal team today; this is a remarkable outcome. What we’re really pleased with is that this enables my child to receive the lifelong care and support they desperately need to give them the best quality of life possible. While it is an excellent outcome, it doesn’t change the fact that my child has been handed a life sentence because of this senseless act, and our family life has changed forever.

“Early funding for the right treatment, rehabilitation and support has been crucially important, and without it, I don’t think we would be where we are today.

“I can remember my first meeting with Clare at the hospital, she instantly put us at ease. Clare clearly explained the initial process of instructing them and getting started which was clear and concise, we didn’t hesitate to instruct her. I’ve worked closely with Clare and the Stewarts team for four years now, anyone that I have encountered there has been professional, highly skilled, personable but most importantly, kind and sensitive towards our situation.

“This is not a journey anyone would choose to take, although it has been a remarkable one. My child has shown incredible strength and determination throughout their recovery, which continues. I have the utmost respect and admiration for them; they fight on despite every day being difficult and painful.

“While this chapter is coming to an end, and a new one begins post settlement, it doesn’t alter the fact that my child’s life has been changed forever; our lives have changed forever. We are all still slowly coming to terms with what has happened, but despite that, we have hope for the future, and I will endeavour to give my children the best possible life they can have with the cards that have been dealt to us.”

Clare comments: “No amount of money will change what has happened, but this settlement ensures financial security for my client’s lifetime care and rehabilitation needs. This will help to maximise their quality of life and opportunities.

“The family should be commended for their support and dedication to the claimant. They will continue to provide this, expertly helped by the wider case management and rehabilitation team who the family is extremely grateful to.

“This young claimant continues to push the boundaries of their recovery and amaze the rehabilitation team with their progress while retaining the spark that makes them who they are. However, the extent of their significant lifetime needs cannot be underestimated.

“It is important to recognise that this family’s journey is not over with this significant financial settlement; they must continue to live with the impact of this devastating injury caused by the reckless actions of the driver in this incident.”

Counsel William Latimer Sayer KC comments: “I am delighted that we were able to resolve this claim at a relatively early stage in the litigation process by way of amicable settlement with Aviva. Clare Salmon and her team at Stewarts did an excellent job collating all of the evidence to ensure that the claimant got the very best outcome possible. The level of damages awarded is one of the highest, if not the highest, I am aware of at the current discount rate and should mean that the young claimant’s future needs will always be met”.