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James Arney KC, instructed by Richard Foyster of Ashtons Legal, secured a £1.95m settlement on behalf of a 24-year old brain injured claimant.
The claim arose from a 2018 road traffic collision, for which liability was not in issue. Quantum issues were fiercely contested.
This claim illustrated the benefit, in appropriate cases, of pursuing an independent living trial, to test the Claimant’s real-life capabilities. In this instance, the ILT peeled back the “façade of independence”, revealing that the Claimant had focussed his efforts too heavily on trying to get back into full-time work, at the expense of domestic responsibilities and family relationships…and ultimately at the expense of his health. Updated medical reports charting the Claimant’s deterioration were essential in establishing the true value of the claim.
The £1.95m settlement was consistent with: –