£2m settlement for 71-year old paraplegic

05/05/2023

James Arney KC, instructed by Lucy Lawson at Russell Cooke, secured a £2m settlement for a 71-year old woman who was paralysed from the waist down following a road traffic accident in 2020.  Both liability and quantum remained in dispute.

As to liability, the claimant was struck when crossing a road to a bus stop in dark and appalling weather conditions.  She crossed at a junction, close to but not making use of a pedestrian centre island.  There was no evidence that the defendant driver was speeding, but it was alleged that she should have seen the claimant sooner and/or taken more effective evasive action.  Settlement was reached on the basis of a 70/30 apportionment in the claimant’s favour.

Quantum issues included: –

• The extent and cost of commercial care, the Claimant previously having preferred a largely gratuitous regime.
• The extent of life expectancy reduction, the experts agreeing that this had been reduced to less than 10 years.
• The additional cost of holidays, the Claimant having served evidence from a disability travel expert.
• The level of general damages award, having regard to the need to update JCG figures by RPI changes since September 2021.
• The extent of various other heads of loss, including accommodation, therapies, equipment and transport expenses.

The proceedings were robustly but fairly defended by the defendant insurers (Admiral Insurance), and settlement reflected the advantage to both parties of an early end to the litigation.