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12 August 2016
Damages of £4 million were awarded for injuries, future losses, rehabilitation and home adaptations for a young child injured in a road traffic accident abroad in Spain.
Slater and Gordon Lawyer: Nicola Rostron is an Associate Solicitor in the Travel Litigation team at Slater and Gordon Lawyers in Manchester specialising in holiday compensation claims.
Settlement: £4 million
What Happened: Our client was four years old when he was seriously injured in a road traffic accident whilst a rear seat passenger in a vehicle that was driving on the wrong side of the road in Spain.
Impact: He suffered from a significant spinal cord injury and severe urological issues as a result of the road traffic accident.
How Slater and Gordon Helped: The claim proceeded against the third party Spanish insurer and was on-going for some nine and a half years.
A significant number of interim payments were required throughout the duration of the claim to meet care, rehabilitation and treatment needs. In addition, funds were required to adapt our client’s house and install a lift and a wet room. Each interim payment application was robustly contested by the Spanish insurer and proceeded to court where we were successful on every occasion.
Multiple medical and non-medical experts were involved in the case including a financial advisor. The security of the third party Spanish insurer was carefully considered as well as the viability of periodical payments.
The security afforded by the Spanish equivalent of the Motor Insurers Bureau (the Consocio de Compensacion de Seguros) was insufficient, and it was therefore appropriate for the case to be resolved on the basis of a lump sum settlement.
Decision: Settlement of £4 million.
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