Case Study - Car accident B

The Circumstances

B was a 15-year-old boy who sustained a severe frontal lobe brain injury when he was crossing the road with his best friend near his home in Southampton. He was hit by a speeding car being driven recklessly the wrong way up a dual carriageway by a motorist who was uninsured. The claim was, therefore, pursued against the Motor Insurers' Bureau.

This type of brain injury is particularly serious in youngsters as the frontal lobes often have not fully developed in people of that age. It means that it is very difficult for young people who suffer this type of injury to learn new skills.

Initially, B was deemed by medical experts to lack the necessary ability to manage his own affairs and this meant he was a Protected Party at the Court of Protection. By the end of the case, however, B had sufficiently recovered to have been discharged from the Court of Protection and he is no longer a Protected Party.

B's case is interesting in that he underwent a trial of independent living, carefully managed by his case manager. This involved him living away from the protected and loving environment of his own home so that he could gain life skills to ultimately be able to live independently. B now lives in his own home with his partner and their two children, although he still requires case management and support. It is unlikely that he will ever be able to work.

The claim

B's case settled after a joint settlement meeting. The settlement was of note not only for the amount of B's compensation but also for the fact that it was one of the first awards to include a periodical payments order (for B's future care needs) under which B recovers regular annual payments similar to an annuity. Periodical payments remain for life and, in many ways, serve the Claimant better than lump-sum payments in that they cannot run out, and payments are made for life – index linked to ASHE 6115 (Annual Survey of Hours and Earnings).

B now lives a good and rewarding life and has the security that compensation can give to someone who finds themselves in B's position.

In addition, we have also set up a Disabled Trust for B which is operated by Mr Ian Mellor, a partner in the firm, who specialises in financial services and trust management.

Testimonial

B's parents detail their experience after their son's injury and the contribution of Tony Goff, and his team, in the handling of the brain injury claim.

"We are the parents of a 25-year-old man who suffered a very traumatic brain injury in 2001, aged 15, as a result of a hit and run traffic incident. Our son was a non-fault victim who we felt deserved compensation for the terrible injuries he sustained.

We researched several different law firms and interviewed four. George Ide stood out as a company with vast experience in brain injury claims and we retained the services of George Ide LLP, and particularly Tony Goff. We were fully supported through what was an incredibly difficult time in our lives, if Tony or his secretary Pam could not answer the phone they would return our calls promptly, something that is rare these days.

We were guided through the process, which took seven years to settle, with professionalism, courtesy and an attention to detail rarely seen these days, from the legal administrators, secretaries, junior lawyers, and both Tony and Pam. Our case settled before we had to attend the High Court due to the completeness of the claim and supporting evidence obtained by Tony and his team.

We were so impressed with the customer service we had received through the litigation process that we have since retained the services of the financial arm of George Ide to manage our son's trust fund.

We would recommend George Ide's personal injury litigation team and financial advice department to anyone who finds themselves in this most horrible of situations, and not knowing where to go for advice. It is a company which puts the needs of the client and their family before anything else, giving good advice and a sympathetic ear and following that with an excellent legal opinion."