Over £9million Compensation for Brain Injured Father
29 July 2015
The High Court has approved substantial compensation for a father of a five-year old girl who sustained a severe brain injury after being hit by a car travelling at speed.
Settlement value: Over £9 million.
What happened: Our client was socialising with friends outside a local pub when the Defendant deliberately drove a car at speed into the crowd standing outside.
Our client tried to jump out of the way but was thrown up and over the car, landing on his head some distance down the road. He sustained catastrophic injuries including a very severe brain injury.
Following trial at Manchester Crown Court, the Defendant was given a disappointingly low eight-year prison sentence for dangerous driving and causing grievous bodily harm and has since been released from prison after serving just four years of his sentence.
Impact: The brain injury sustained by our client left him in a low awareness state, deteriorating into a minimally conscious state for over two years following the accident.
He underwent a head shunt revision in 2012 which improved his level of consciousness, but he is largely unable to communicate verbally or walk. He has developed the ability to control his electric wheelchair but does not normally initiate its use, nor does he initiate attempts at communication.
Our client now requires 24-hour care, is unemployable and lacks capacity to administer his property and affairs. After some time as an impatient at a neurorehabilitaion centre, he will soon be transferred to a specialist residential care home until a suitable home that meets his needs can be acquired and adapted.
He has a young daughter who was five years old at the time of the accident and was in a long-term relationship with her mother, but this sadly came to an end during the litigation. As a result, his own mother (a Nursing Sister at a Manchester hospital) has decided to give up her home and live with her son in the soon-to-be-acquired adapted property.
How Slater and Gordon helped: We represented the client and his family from the outset and supported them through the trauma of the seven-day criminal trial.
We obtained detailed evidence from a wide range of medical fields over the lifetime of the claim including neurology, neuropsychology, speech and language, assistive technology and care, to name just a few.
Accountancy and accommodation reports were commissioned as well as a report from an independent financial advisor.
Slater and Gordon Court of Protection Solicitor Katherine Smith assisted the Litigation Friend (our client's long-term partner) to manage our client's financial affairs due to his lack of capacity. She built up a very close relationship with the Litigation Friend and family and her assistance continues on an ongoing basis.
Decision: A Joint Settlement Meeting took place and, after the rejection of a £5.75 million lump sum offer, the parties provisionally agreed a lump sum of £2.75 million, an initial payment of £150,000 for the period 15 December 2014 – 14 December 2015, and periodical payments thereafter at £275,000.
The terms of settlement were subsequently approved by the High Court.
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