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£2.5m settlement for a 72-year-old who sustained polytrauma in a road accident.
This then 68-year-old claimant was involved in a high energy head-on collision, sustaining severe, abdominal injuries together with a subtle hypoxic brain injury and psychiatric sequelae.
She required hospitalisation for 17 months post-accident and underwent an ileostomy, followed by an ileostomy reversal at the approach to the third anniversary of the accident.
She was left significantly weakened by the injuries and in need of significant care and support.
The critical issues in the case were quantifying that support and assessing her life expectancy in light of pre-and post-injury mortality risks that took the case outside the normal parameters of the Ogden tables.
A central issue was the extent to which the Defendant could properly rely on light touch supervision being provided by the Claimant’s partner, who struggled with that responsibility, and to what extent it was appropriate to have a full-time support worker in attendance to provide that care which was the Claimant’s preference.
The settlement sum represented a compromise between the parties’ respective best cases.
The case settled at a JSM seven months before trial and was approved by the Court following a Coles v Perfect application due to borderline capacity issues.