The claimant, a 25-year-old man, received £3,389,250 lump sum and annual periodical payments of £112,500 until 2025, for the brain injuries he sustained in a road traffic accident in August 2004. He suffered cognitive and visual impairments and epilepsy and his accommodation had to be adapted and 24-hour support provided.
Claimant: Male: 19 years old at date of accident; 25 years old at date of settlement.
Road Traffic: On August 20, 2004, the claimant (C) was walking across a road when he was hit by a vehicle driven by the defendant (D). C sustained injury and brought an action against D alleging that he was negligent in driving too fast and failing to see and avoid C. Liability admitted but D alleged that C was contributorily negligent in stepping out into the road and failing to see D.
Liability was agreed on the basis that D was 75 per cent liable.
Injuries: C sustained brain injuries.
Effects: C suffered a right temporal bone fracture, a sub-dural haematoma, contusions to the brain, raised intracranial pressure and widespread haemorrhages in his right frontal lobe and left parietal and left occipital lobes and his lateral right ventricle. His initial score on the Glasgow Coma Scale was 3 out of 15. He remained unconscious for two-and-a-half weeks after the accident and he thereafter suffered post-traumatic amnesia for six months. C suffered very significant cognitive sequelae, severe and complex visual impairment due to cortical nerve damage, dyspraxia, dysphasia and epilepsy. During the two years after the accident, he underwent cranioplasty twice to evacuate sub-dural haematomas and on another occasion for the purposes of debridement.C was a neurosurgical inpatient for five months after the accident and then underwent a residential rehabilitation programme for patients with brain injuries. In September 2006, he began an integrated education, life skills and rehabilitation programme which enabled him to move into his own adapted accommodation where he was provided with 24-hour support.
Prognosis: C's symptoms were permanent. His life expectancy was reduced by between 8 and 10 years.
Out of Court Settlement (approved): £3,389,250 lump sum including CRU interims and interest, and annual periodical payments of £112,500 until 2025.
Background to damages: D made interim payments totalling £970,000 to assist C with care, case management costs, accommodation and general expenses. C did not agree to a reverse indemnity or to give an undertaking not to claim local authority funding if it became available, as the case was discounted. C considered that it was not appropriate to seek periodical payments for his life as that would leave a very small capital sum to be paid immediately and it would not provide a sufficient annual income to cover his basic care and case management requirements. However, C also believed that a single capital payment would not provide a sufficient annual income over the following 10 to 15 years without depleting his capital reserves for the future and so it would not provide the certainty of funding for his requirements. As a result, annual periodical payments were agreed for his care and case management costs until 2025. Those payments were to be linked to ASHE 6115. When assessing future costs, a multiplier of 28 was used. When securing periodical payments for the short-term future only, the capital sum could be protected for investment and the annual income would be used to assist C with his necessary costs.The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant's solicitors on a 100 per cent liability basis assuming a lump sum settlement.
Breakdown of General Damages: Pain, suffering and loss of amenity: £190,000; Interest on PSLA: £7,600; Future loss of earnings: £628,000; Future medical treatment costs: £320,000; Future care and case management costs: £4,004,000; Future equipment, aids and appliances costs: £130,000; Future accommodation costs: £385,000; Future travel expenses: £12,000; Future miscellaneous expenses: £97,500; Future deputy costs: £280,000.
Breakdown of Special Damages: Past loss of earnings: 28,000; Past medical costs: £1,023; Past gratuitous care costs: £45,000; Past commercial care and case management costs: £35,378; Past equipment costs: £5,940; Past accommodation and adaption costs: £137,000; Past travel costs: £33,000; Past miscellaneous expenses: £15,500; Past deputy costs: £31,445; Interest on past losses: £28,264.
Margaret Bowron QC and Henry Witcomb instructed by Henmans LLP for the claimant. Neil Block QC instructed by DWF LLP for the defendant.
Document No. AM0201562. Reproduced by kind permission of Lawtel (www.lawtel.com)