PS v MD
SETTLEMENT REPORT
Mr PS was born in 1969 and so was 28 at the date of the accident in 1997. He was
32 at the date of settlement. None of the figures set out below were agreed by
the Defendant.
Pain, suffering and loss of amenity
He sustained a severe head and brain injury, so that he is
effectively blind with his mobility limited severely by tetraparesis, and he
suffered numerous fractures of his legs and arms. He is always in pain, and
has problems with learning, attention, retrieval and recall. He has dysexecutive
problems. His life expectancy was reduced by the injury to about the age of
67. We considered that an appropriate award of general damages for pain, suffering
and loss of amenity would be £140,000.
Life expectancy
There was a serious issue as to the Claimant's life expectancy. He had suffered
from diabetes before the accident, and the Defendants obtained a medical report
shortly before trial asserting that the diabetes would shorten the Claimant's
life considerably. On any view there was likely to be a reduction also because
of the tetraparesis. Our evidence suggested that the reduction should be by
13 years, to age 67, whereas theirs was to age 57. The difference in multipliers
was from 23.22 down to 18.65.
Past losses
Earnings £41,000
Care £45,000
Case management £5,000
Miscellaneous £20,000
Vehicle £25,000
Future losses
Earnings £221,000
Care £1,150,000
Equipment £176,000
Therapies £23,000
IT £41,000
Miscellaneous £15,000
Housing £133,000
TOTAL SETTLEMENT £2 million
BILL BRAITHWAITE Q.C. and WILL WALDRON
7 February 2002
Exchange Chambers
London Liverpool and Manchester
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