12 October 2012
Road traffic accident leads to £11m compensation claim
A man who was left permanently brain damaged after being hit by a car while on holiday is seeking a substantial amount of personal injury compensation from its driver.
James Kennedy, 36, was taking a break with his university friends in Rome when he was hit by a vehicle being driven by fellow Briton Father John Richard Cole on the morning of January 14th 2006, BBC News reports.
He had been crossing a road during an evening out when the accident occurred and neither party spotted each other in time to take evasive action.
The keen amateur sportsman sustained catastrophic brain injuries in the road traffic accident and spent ten months in a coma. Now wheelchair-bound, he needs 24-hour care, requires regular therapeutic treatment and will never work again.
Through his mother Elaine Lee, Mr Kennedy is bringing a personal injury compensation claim for £11 million against Father Cole and his insurer for the suffering he has been caused, as well as for loss of earnings and his future care costs.
It has already been agreed by legal representatives on both sides that the claim will be for 80 per cent liability, but a hearing will now take place at London's High Court next year to decide the full amount that Mr Kennedy is entitled to.
Cases concerning serious brain injuries usually result in more substantial compensation for the victim, as the amount must cover their care needs for the rest of their life.
It must now be decided whether the damages will provide funds to allow Mr Kennedy to live in his own specially-adapted home as is his wish, or if he must live in a less expensive residential care unit.
In the meantime, the victim has been awarded an interim payout of £885,000 to meet his expenses prior to the hearing in the new year.
Contact our accident and injury solicitors on 0800 916 9046 or email firstname.lastname@example.org if you would like advice on any personal injury matter
Posted by Chris Stevenson