D v. P (Unrep) 22.11.2018
Marcus Grant represented a 50-year-old sales manager who sustained thoracolumbar and wrist fractures and PTSD in a high energy head-on road accident, and compromised her claim for damages in the sum of £1m.
She was left with chronic pain and sub-clinical psychological symptoms that compromised her physical stamina for full time work and for maintaining her substantial house and garden. Her partner died in the accident.
After several years of rehabilitation for the acute effects of her injuries, she found herself part time work, and asserted that her enduring symptoms prevented her from returning to her pre-accident levels of function at home and in the work place.
The Defendant challenged to the top line of her loss of earnings claim, as to how much and how long she would have earned her pre-accident salary in the absence of the accident; also, he challenged the modest level of her residual earning capacity, contending that she could earn more. A late application by the Defendant 4 months before trial to adduce employment evidence to bolster that assertion was dismissed.
The case settled through negotiation 7 weeks before trial part way between the Parties’ best positions.