Jackie Spinks, a Partner in Anthony Gold’s personal injury department, recently achieved a settlement close to £3 million for a young man who sustained a severe head injury as a result of a road traffic accident.
A was a 20 year old immigrant when as a passenger in an uninsured vehicle, he was severely injured. The driver drove at speed through a red light colliding with a car coming across the junction on a green light. The driver was later convicted of driving without insurance.
A had no memory of the accident circumstances. He was unable to say where the accident happened and had little memory of his time in hospital. Jackie undertook detailed investigations and was able to identify the defendant. As this was a claim involving an uninsured driver, Jackie advised on making a claim to the motor insurance bureau (MIB). Initial medical evidence was obtained on A's injuries and it proved difficult to properly assess the extent of his problems. Nevertheless it became clear through further investigation that A had a severe head injury leaving him with significant cognitive and behavioural problems and that he required considerable support and assistance. He was not considered to have mental capacity and Jackie therefore arranged for the appointment of a Deputy of the Court of Protection to manage his financial affairs and arranged for the Office of the Official Solicitor to take on the role of Litigation Friend.
Court proceedings were issued to enable funding to be obtained to assist A with his rehabilitation, care and support. However, upon service of the proceeding, the uninsured driver alleged A knew he was uninsured and therefore the MIB disputed any responsibility to A. The matter therefore moved towards a trial on the issue. Two days prior to trial, the MIB compromised the claim which was approved by the Court. Jackie was therefore able to arrange an immediate interim payment to facilitate A's rehabilitation and support, to include obtaining suitable accommodation. There were issues with A's insight into his problems and his difficulty in understanding and accepting the care and support offered. A significant period of rehabilitation followed, during which time Jackie was able to obtain two further large interim payments for continued provision of a case manager, support workers, occupational therapy, physiotherapy, accommodation and surgery.
Jackie obtained expert evidence in the fields of neurology, neuropsychology, neuropsychiatry, orthopaedic surgery, care and occupational therapy and opthalmology. There was a dispute over the level of care A required into the future, with the MIB alleging that he needed little, if any support. This went against the argument on behalf of A that he had little insight into his problems and required a significant level of support in order to survive at a basic level.
The matter was set for a final assessment hearing. Whilst the MIB was not amenable to settlement at a settlement meeting arranged one month prior to the final hearing, eventually agreement was reached on settlement two days prior to a five day trial. This was subsequently approved by the court, amounting to just under £3 million on a lump sum calculation.
Jackie Spinks is a Partner in Anthony Gold's personal injury department. She specialises in complex personal injury cases and clinical negligence claims. For further information email Jackie or call her on 020 7940 4000.
