24th August 2016
Marcus Grant (instructed by Nick Godwin of Slater & Gordon Solicitors) appeared for the Claimant.
An 82 year old retired Ghurka recovered £305,000 for the consequences of developing dementia following a running down accident. The Claimant sustained a ‘left periorbital haematoma’ and a technically ‘mild’ brain injury, sufficient to damage the veins across the surface of the brain, when struck by a motorcycle at the age of 79 in 2013. By reason of his age and limited brain reserve he suffered a poor outcome from the head injury and began to dement to the extent that by the 3rd anniversary of the accident he needed a 24 hour presence in the home of a family member to monitor him. The bulk of this monitoring pre-settlement was provided by his wife.
The issues in the case were whether or not the dementia was attributable to the accident or was attributable to constitutional vulnerability or a combination of the two, life expectancy and the extent to which his need to be supervised and/or cared for should properly be met by an external professional case management/support worker team, and what extent it should be provided for gratuitously.
The case was compromised through negotiation and the compromise approved by Master Eastman, it being accepted between the Parties that the Claimant was a Protected Party and a Protected Beneficiary within the meaning of the Mental Capacity Act 2005.