The figures below are based on the Claimant's Schedule of Loss, modified to take account of the risk of litigation. None of the figures were approved or agreed by the Defendants.
Accident date 1992
Claimant's date of birth: 1971
Age then: 20 years
Age now: 29 years
Date of medical discharge: 1993
Discharge but for accident: 2001
Writ issued: 1995
Judgment: 1999
Trial date: 2001
1. The Claimant was shot in the head and suffered severe brain injury. The functions of the brain affected included control of the left limbs, sensation to the left side of the face and left hand, and cognitive functions including frontal lobe functions such as concentration, control of emotions, decision making, and judgment. The Claimant suffered impairment of memory and learning. It is probable that the Claimant experienced a focal epileptic attack in early 1993 when he fell through a kitchen window. The Claimant is prone to mood swings. He is to be regarded as a Patient. He experiences tinnitus in both ears and has impaired hearing. The Claimant needs a high level of care and attention. The Claimant has been left with very significant residual disabilities and they will continue to have a substantial negative impact on his daily life. Even with a considerable degree of supervision and support, given the Claimant's disabilities and problems, he will have extreme difficulty in maintaining continuous employment, even on a voluntary basis. It is unlikely the Claimant will be able to hold down any sort of paid work. For all practical purposes, the Claimant should be regarded as unemployable. These were injuries of the utmost severity.
2. But for the accident, the Claimant would have served 12 years in the Army, reaching the rank of Corporal as set out in the Defendant's own career forecast.
Projected earnings to the 8th October 2001 £91,221.00
Less estimated net earnings £ 2,500.00
3. As a single man in the Army, the Claimant's living expenses (housing, clothing, food and household services) would have been substantially lower than in civilian life. Civilian life costs were calculated via the Family Expenditure Survey.
4. The Claimant claimed the costs of past professional care provided by various different agencies.
5. The Claimant claimed past case management costs.
6. The Claimant claimed increased accommodation costs based upon housing costs for one man taken from the Family Expenditure Survey and comparing the same with actual rental costs incurred.
Actual housing costs £25,927
Costs incurred in any case (£11,654)
Leicestershire moving costs £ 1,341
Public Trust Office initial fee £ 100
7. Therefore, the Claimant's total past losses to trial amounted
to
8. The Claimant claimed interest at one half of the special investment account rates applicable to the 8th October 2001 and calculated at 30.89%.
Total interest charges amounted to
Credit was given for interest on interim payments actually received.
9. The Claimant's Army career would have ended at the 1st December 2001. His civilian future loss of earnings was claimed by taking the average of gross earnings from 3 careers as advised by employment consultants.
(a) Future loss of earnings between the 9th October 2001 and the 5th April 2002 were claimed in the sum of £8,064
(c) Therefore, the Claimant's total claim for future loss of
earnings amounted to
10. Case Management costs were claimed at
11. Costs were claimed at 2 sessions pa (£600) plus travel (£100)
and clinical supervision advice and training (£3,600). Therefore, neuropsychology
costs amounted to £4,300 pa at a multiplier of 28.2 -
12. Costs of professional care were claimed at
13.
14. Therefore, total costs of future care amounted to
15. Loss of resettlement grant £5,508.00
Loss of terminal grant £4,824.00
Loss of annual pension £6,794.00
17. (i) Annual administration fee for Court of Protection at £205.00 at a multiplier of 28.2 - £5,781
(ii) Professional receivers fees at an annual cost of £3,525 together with an annual cost of accountancy assistance at £823 (£4,348) at a multiplier of 28.2 - £122,614
Past loss of earnings £88,721
Past Army benefits £28,807
Past care £50,433
Past case management £65,051
Increased accommodation £15,714
Interest £76,831
Future earnings £412,308
Future case management £320,259
Neuropsychology £121,260
Future professional care £236,796
Driving test/car £6,785
Pension benefits £17,126
Miscellaneous costs £18,000
Court of protection/receivers costs £128,395
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