Amanda Yip QC and David Knifton secure approval of £3.5m settlement for brain-injured client

February 9, 2017

Amanda Yip QC and David Knifton from Exchange Chambers have secured a settlement of £3.5 million for a woman who suffered a severe brain injury when she was struck by a car whilst crossing the road in December 2012. The award was negotiated at a settlement meeting in December, and approved at the High Court in Sheffield on 21.12.16.

The client, who cannot be named for legal reasons, was just short of her 49th birthday at the time of the accident. She had been left with a number of physical and cognitive impairments as a result of her brain injury, such that she was no longer able to work, was incapable of managing her property and affairs, and needed prompting and assistance from skilled carers to engage her in activities.

Recognising that the discount rate used for calculating future losses in PI cases was about to be reviewed, Amanda and David highlighted the potential effects of any changes in their detailed calculations of the value of the claim, causing the Defendant’s insurers to make a substantially increased offer of settlement. In approving the award, the judge praised the Claimant’s legal team for their detailed and careful approach to the case.

Commenting on the case, Amanda Yip QC said:

“One of the privileges of doing this job is meeting families who rise to the challenge of looking after a relative who has been seriously injured, as our client’s family have done in this case. Through their perseverance and efforts, our client now has the benefit of a compensation award which has given her the quality of life she enjoys today.”

David Knifton added:

“This case emphasises the importance of spending time getting to know and understand the needs of the client and their family, ensuring that the proposals for the future are fully explained in the Schedule and properly supported by the evidence. It has been enormously rewarding to work with this client and her family, and to help secure their future by a truly outstanding settlement.”

Amanda Yip QC and David Knifton were instructed by Imogen Wetton of Thompsons Solicitors.

Imogen Wetton, brain injury specialist at Thompsons Solicitors said: “I have got to know the family so well and it’s clear how much they care for my client. The judge said he was amazed how in situations like this family members are able to step up to the plate and I fully agree.

“We were mindful of the fact that the Lord Chancellor is now reviewing the discount rate for personal injury damages – something non-specialist firms would not be aware of – which meant we were able to calculate how best to help our client get an excellent settlement, the support she needs and ensure the quality of life she deserves.”