The Royal Court of Jersey recently approved the settlement of a claim for damages brought by Stewarts’ client, YN. The firm worked in collaboration with the defendant’s insurer, Jersey-based lawyers and other parties to achieve a favourable outcome for YN that will ensure care for the rest of his life.

Our client’s claim for damages arose from a road traffic accident on the island of Jersey in October 2014. YN was 19 years old at the time and, as a result of the accident, suffered a severe traumatic brain injury.

Instructing Stewarts

YN’s father instructed Stewarts’ international injury partner and APIL accredited brain injury specialist lawyer, Scott Rigby, to act on his son’s behalf.

Stewarts collaborated with Jersey-based firm, Bakers & Partners, and Advocate Zoe Blomfield of Viberts, another Jersey-based firm. She had been appointed by the court to act as Y’s delegate and manage his financial affairs as, sadly, as a result of his injuries, YN is unable to do this himself.

YN’s claim for damages was assessed under the laws of Jersey, and had to be brought in the Royal Court of Jersey.

Following negotiations between the parties in early 2021, it was agreed that YN should receive damages to compensate him for the injuries he sustained and to provide for the support he will require for the rest of his life. As he had had a delegate appointed to manage his financial affairs, the approval of the Royal Court was required for Advocate Blomfield to enter into the settlement agreement.

Rehabilitation

Stewarts secured substantial interim payments and instructed case managers, initially in England, where YN received specialist neurorehabilitation and then Jersey, when he returned to the island to reside in a property adapted for his needs. The case manager in Jersey assembled and coordinated a team of specialist therapists and dedicated carers to ensure YN received the best possible rehabilitation, medical treatment and equipment.

YN had the support of a team of support workers providing personal care 24 hours a day and therapists across a number of fields, including neurologists, neuropsychologists, occupational therapists, speech and language therapists and physiotherapists to ensure he has made the best recovery possible from his life-changing injuries.

Stewarts worked collaboratively with the Motor Insurers Bureau and its local representative, Advocate Lee Ingram of Ingram Advocates, to ensure YN had access to funds to support his specialist neurorehabilitation in England and then again once YN returned to Jersey.

Testimonials

YN’s father says: “As a family, we had never experienced anything as traumatic as my son’s accident and were wandering bewildered through everything. After meeting Scott, he thought we had a good case and over the coming years, he held our hands in moving the claim forward. Scott has a knack of not overwhelming you all at once and manages the process with an expert hand. He has been well supported by his paralegals and the team assembled in Jersey to work with us. We have grown fond of Scott and hope to keep in contact with him.

“After such a long time negotiating with the defendant and with the obvious emotional drain this has brought to the family, it has been a huge relief to be able to put all the legal formalities behind us. The agreed settlement allows us to move on and, with some certainty, plan the next stages of our son’s life and rehabilitation.”

Scott Rigby comments: “I am delighted that working collaboratively together Stewarts, Baker & Partners and Ingram Advocates have been able to secure this settlement for YN.  It has been a collective effort, working with lawyers, case managers and experienced English barristers to secure the best possible rehabilitation and settlement terms.

“This settlement will provide for YN’s substantial therapeutic and care needs for the rest of his life and enable him to enjoy, as far as possible, some of the activities he enjoyed before his accident.”

Advocate Zoe Blomfield says: “Cases of this severity are always a challenge, and I am pleased that such a favourable outcome was possible for YN. Stewarts, Baker & Partners and Viberts have been able to collaborate very effectively to ensure YN’s needs have been met throughout.”

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