David Receives Compensation for a Road Traffic Accident

David received £3,100,000 in settlement of his claim for injuries sustained at the age of 6, in a road traffic accident.

We acted on behalf of David who had suffered severe injuries in a road traffic accident. David was 16 when the case settled. He was only 6 years old when he was struck by a car when he was walking along a pavement with his mother. His most devastating injury was a head injury. With hard work and determination and with the support of his determined family David progressed through mainstream schooling. Then he went on to a 3 year residential rehabilitation course at Portland College. Interim payments were paid during the case to partly compensate David’s parents for the care that they had provided. These payments also covered the costs of the case manager and “buddy”.

Waiting for a final prognosis

We could not settle the case until we had received a final prognosis as to David’s condition. We therefore had to wait several years until David had completed rehabilitation. It had been clear for a long time that he would not be able to compete in the open labour market. However, there was a big question mark over how much help he would need in order to live a semi independent existence. As well as the cognitive difficulties resulting from his brain injury David had developed post traumatic epilepsy. The care experts instructed on the case disagreed as to the level of support that David would need. The difference between their views made a massive difference to the respective valuations of the case.

We held a meeting with the insurers and reviewed all the evidence available. We agreed a settlement sum of £3,100,000 plus interim payments. The ultimate agreement reflected most closely the care provision recommended by our care expert.

The experts agreed that David would not be capable of managing his financial affairs. Because of this his family applied to the Court of Protection appointed Barratts Solicitors as his Deputy.

With few exceptions, a case should not be concluded until a final prognosis is available. It is important that everyone understands all of the financial implications of an injury no matter how long it takes. This made a significant difference to David’s case.