ESTIMATION OF THE CLAIMANT'S CAREER PATH

Future cost of playing golf

Male, aged 28 at accident, and 39 at settlement. Shrapnel injury to head, causing significant brain damage weakness on one side, together with serious visual field loss and tinnitus. His army career was destroyed, and it was clear that he would not work in the future. At a round table consultation (the old-fashioned, but arguably more effective, predecessor to mediation), the claim was settled for £1,480,000, subject to a deduction of 50% for contributory negligence. The following sums for the various heads of damage were not agreed by the Defendant, but are a reasonable estimate.

Pain, suffering and loss of amenity	£140,000
Past loss
Earnings	£219,000
Care	£30,000
Miscellaneous	£49,000
Interest	£109,000
Future loss
Earnings	£300,000
Pension	£100,000
Care	£200,000
Case management	£20,000
Equipment	£40,000
Miscellaneous	£27,000
Transport	£33,000
Recreation	£110,000
Holidays	£12,000
Physiotherapy	£10,000
Accommodation	£200,000

The following points were of particular interest.

There was a significant issue as to the Claimant's career path had he not been injured. The essential difference between us was that the Defendants were looking at average achievement as revealed by statistics, whereas we asserted, backed by impressive evidence, that he would have been exceptional, rising to Warrant Officer Class 1, or being commissioned.
The award of £110,000 for recreation related to the increased cost of playing golf; the claimant had just started playing before the accident, and it proved to be far more costly to play with one hand, and partially sighted.

24 December 2003

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