The Claimant was born in 1957 and so was 42 at the date of the accident in1999. She was 47 at the date of settlement. The following figures were considered by her legal advisers to be reasonable, and were approved by the Court, but they were not agreed by the Defendant. Life expectancy was said by the Claimant's expert to be 12 years from date of trial.
PAIN, SUFFERING AND LOSS OF AMENITY 190,000Interest was eliminated by interest on interim payments.
FUTURE LOSSEarnings (calculated on the basis of a significant increase in hours) 60,000
Care (130,000 pa x 10, plus child care) 1,300,000
Case management 75,000
Equipment 70,000
Transport 94,000
Physio and speech therapy 31,000
IT 50,000
Accommodation 230,000
Housing running costs 30,000
Court of Protection and Receiver 24,000
TOTAL SETTLEMENT £3 million
NOTES
1 As is often the case where the patient is in a state of minimal consciousness, or persistent vegetative state, there was an issue at the outset whether the Claimant would be sufficiently aware of her surroundings to benefit from a return home. It is important for the family to have their voice heard on this issue.
2 By the time the case was listed for trial, that question had been resolved, a new house bought and adapted, the Claimant installed, and a care/case manager package set up. Interestingly, it proved to be cheaper than what had been predicted at an earlier stage, so that, far from this proving more expensive for the insurers, it was the reverse.
5 August 2004
BILL BRAITHWAITE Q.C.Exchange Chambers Exchange Chambers
Manchester Liverpool