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Brain injury victim awarded periodic compensation payments for life

Successful brain injury claim after uninsured motorist hits teenage pedestrian at speedat speed

Our client, a 15-year-old boy, suffered severe brain injury when he was hit by a speeding car near his home in Southampton.

The incident

At the age of 15, our client was crossing the road with his best friend when he was hit by a speeding car being driven recklessly the wrong way up a dual carriageway by a motorist who was uninsured. The accident caused severe frontal lobe brain damage, a type of injury that can prevent the acquisition of new skills and is particularly serious in young people as frontal lobes are not usually fully developed until adulthood.

The injury claim

In the immediate aftermath of the incident, guided by the George Ide brain injury team our client became a protected party under Court of Protection rules having been assessed by medical experts as lacking sufficient capacity to manage his own affairs. By the end of the case, however, he had recovered sufficiently to be discharged from the Court’s protection.

After a carefully-supervised independent living trial period during which he learned valuable essential skills, he and his partner now live in their own home with their two children – however, our client still requires post-accident support from his case manager and it is unlikely he will ever be able to work.

The outcome

Because the at-fault driver in this case was uninsured, this claim was pursued against the Motor Insurers’ Bureau (MIB) and we secured compensation for our client after a joint settlement meeting.

The damages award was of note not only for the substantial amount of compensation our team achieved but also because it was one of the first awards to include a periodical payments order taking account of an accident victim’s future care needs. Under the terms of his settlement, our client will receive – for the rest of his life – annuity-like regular annual payments index-linked to the Annual Survey of Hours and Earnings (ASHE 6115). In addition, we were able to set up a personal injury disability trust to provide our client’s needs that is expertly managed and administered by our in-house investment team.

The testimonial

Our client’s parents wrote: “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 LLP stood out as a company with vast experience in brain injury claims.

“We were fully supported through what was an incredibly difficult time in our lives and guided through the process, which took seven years to settle, with professionalism, courtesy and an attention to detail rarely seen these days.

“We were so impressed with the customer service we received throughout our son’s litigation process that we have since retained the services of the firm’s financial arm 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 does not know where to go for advice. It is a company that 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.”

To find out how our personal injury solicitors could help you or a loved one, click here, call our Chichester offices on 01243 786668, write in confidence to our personal injury team at info@georgeide.co.uk, or contact our specialists directly using the details shown.

 

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