Accident date: 1995

Claimant's date of birth: 1967

Age then: 28 years

Age now: 33 years

Writ issued: 4:12:96

Judgment entered 6:12:97

Assumed date of trial: 13:08:01

Life expectancy: Age 68-70

PAIN SUFFERING AND LOSS OF AMENITY

The Claimant suffered a closed head injury with post-traumatic amnesia together with soft tissue injuries to the face, left arm and left shoulder. He sustained a motor complete paraplegia at T8 following a ruptured thoracic aorta requiring surgical repair. There was a compound fracture to the left radius, stabilised by a plate and screws. The Claimant has paralysis of his bladder, bowel and sexual functions. He is wheelchair bound and will remain so for the remainder of his life. He requires special accommodation, care and attention. He will never work again. His life expectancy has been reduced by the accident. He has lost his independence and a further loss is anticipated in his fifties. Psychiatric and psychological consequences flowing from the accident were post traumatic stress disorder requiring psychiatric intervention and medication, depression and, latterly, an adjustment disorder. Further improvement is likely but with some residual depression persisting.

PAST LOSSES

EARNINGS

At the date of his accident, the Claimant was a self-employed sub-contractor. His accounts to the year end 5^th April 1995 disclosed profits of £7,475 net. However, had the Claimant continued in business, he would have expanded and improved his income considerably or, failing that, abandoned self-employed work in favour of better paid employment. We presented a comparator for earnings purposes who ran his own building business. Past loss of earnings was claimed as follows:-

The Claimant relied on the care reports of Maggie Sargent. He was discharged from hospital in 1996. He claimed 8 hours per week from that point to trial - £11,203. In addition, the Claimant had employed a cleaner for one extra day per week over a period of 5 years at a cost of £520pa. Therefore, the Claimant claimed £2,600 in respect of this loss.

The Claimant relied upon the expert reports of Anne Luttman-Johnson.

Wheelchair £ 2,000

Re-spray of above £700

Cyclone Advantage wheelchair £1,790

Cushion £600

Cyclone Advantage 4 £2,200

Adaptations to Claimant's former home and costs of furniture £5,750

Additional expenditure on utilities and clothing, say £10,000

Hand controls for Claimant's original Astra motor vehicle £150

Additional mileage for above vehicle £523

Additional household, heating and like items, say £10,000

INTEREST

The Claimant accepted that when account was taken of CRU benefits and interim payments his claim for interest on past losses was extinguished.

MULTIPLIERS

The Claimant was aged 33, and would be 34 at the date of trial. He adopted multipliers based upon the Ogden Tables, Fourth Edition, table 19 onwards utilising a rate of return of 3% (this settlement was the week before the discount rate changed to 2.5%). We assumed a medium security of employment for a man living in the North West of England.

FUTURE LOSS OF EARNINGS

But for his accident, the Claimant would have been earning £17,680 net pa (in accordance with the earnings of the comparator). The appropriate multiplier is 18.94. Therefore, the Claimant claimed £334,859

The appropriate multiplier for future costs of care was 22.16, sub-divided into 4 periods as follows:-

1 To age 40 - multiplier 3.69;

2 Age 40 to 50 - multiplier 6.14;

3 Age 50 to 55 - multiplier 3.08

4 Age 55 onwards - multiplier 9.25.

1 For this period, the Claimant would require 24 hours care per week at an annual cost of £9,265; £9,265.31 x 3.69 = £34,188

3 For this period, the Claimant would require 42 hours of care per week at an annual cost of £14,516; 3.08 x £14,516 = £44,710

4 For this period, the Claimant would require a resident carer because his condition was likely to have deteriorated to such extent as to render such carer necessary, at an annual cost of £28,107; 9.25 x £28,107 = £259,996

AIDS AND MISCELLANEOUS EXPENDITURE

The Claimant relied upon the report of Anne Luttman-Johnson.

The Claimant required a Cyclone Advantage 4 wheelchair and a Freedom ATC All Terrain Vehicle. Capital mobility costs amounted to £13,516.00, and annual mobility costs amounted to £10,451, at a multiplier of 12.93 = £135,140.

Capital costs of £40,866, multiplied by 0.7224 to reduce for accelerated receipt = £29,522. Annual costs amounted to £18,537, at a multiplier of 9.23 = £171,104, reduced for accelerated receipt by multiplying by 0.7224 = £123,606.

Again, aids and equipment needs were divided into the two stages identified above.

The Claimant expected to incur increased heating costs, costs of cooling fans to regulate his temperature, additional costs associated with incontinence, prescription charges, and the like. There would be increased charges for electricity, telephones, home delivery shopping service, house maintenance, such as damage done to paintwork by wheelchairs, increased insurance costs and increased clothing costs £68,695

Aids for leisure

The Claimant should be enabled to participate in a range of activities. Stage 1 capital costs amounted to £18,454, and annual costs were £2,465, at a multiplier of 12.93 = £31,874.

Stage 2 capital costs were nil, and annual costs were as for stage 1, namely £2,465 pa, at a multiplier of 9.23 = £22,753.

Therefore, total costs for aids and equipment amounted to £54,627

Holidays

As a wheelchair bound person the Claimant will incur increased holiday expenditure.

Stage 1 holiday costs amounted to £6,249 at a multiplier of 12.93 - £80,807

Stage 2 holiday costs amounted to £8,319 at a multiplier of 9.23 - £76,787

Therefore, total holiday costs amount to £157,596

Help and assistance

Gardening costs £1,044

Car wash £ 182

Decorating and DIY £ 700

The annual costs of £1,926 will remain static throughout the Claimant's life. At a multiplier of 22.16 = £42,680

The Claimant will require review at a spinal injuries centre at, say, a cost of £500 each year at a multiplier of 22.16 = £11,080.00.

HOUSING

The Claimant moved from his rented accommodation to adapted premises. The purchase price of this property was £150,000. The Claimant claimed the extra costs on a Roberts v Johnstone basis, utilising an interest rate of 3%. The calculation was as follows:-

Capital costs of housing £150,000

Value of assumed accommodation but for accident £ 75,000

Adaptations to accommodation - £ 11,045

Increased value of property - £500

Eventual cost to replace specialist disabled facilities

when property is eventually sold (to be regarded as

wasted expenditure) £4,000

Therefore, wasted expenditure amounts to

£11,045.77 - £500.00 + £4,000.00 £14,545

Therefore, the actual net capital costs were £150,000 - £75,000 = £75,000 x 3% = £2,265. The appropriate multiplier is 22.16, and therefore the claim was £50,192. Further, the Claimant claimed wasted expenditure costs of £14,545. Moving costs amounted to £359. Conveyancing charges amounted to £1,313. Therefore, the Claimant claimed £66,410.

The additional running costs of the Claimant's home (Council Tax and the like) amounted to £1,626 pa. The appropriate multiplier was 22.16. Therefore, the Claimant claimed £36,046.

Total housing and running costs therefore amounted to £102,456

Past loss of earnings £77,637

Past care £13,803

Past expenditure £33,718

Future loss of earnings £334,859

Future care £386,829

Capital mobility costs £43,038

Annual mobility costs £258,746

Capital aids and equipment costs £20,881

Annual aids and equipment costs £46,346

Additional capital household expenditure £873

Additional annual household expenditure £68,695

Capital aids for leisure costs £18,454

Annual aids for leisure costs £54,627

Holidays £157,596

Help and assistance etc £42,680

Medical and therapy costs £39,888

Housing costs £102,456

TOTAL SETTLEMENT FIGURE £1.2 million

7 February 2002

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