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Ben Casey secures a settlement of £15m net of contributory negligence on behalf of a 17 year old boy rendered tetraplegic in a car accident

8th September 2022

Ben Casey acted on behalf of a young claimant who was rendered tetraplegic in the course of a road traffic accident.

The claimant, who was 17 at the time, was being driven by an acquaintance who had passed his test the day before.  In the course of the journey, the defendant driver lost control of the vehicle resulting in it striking the kerb and rolling. Primary liability was admitted but there were allegations of contributory negligence concerning (a) the claimant’s alleged knowledge that the driver was not fit to drive on account of alcohol consumption and (b) the claimant’s failure to wear a seatbelt.

Following the accident, the claimant spent around 2 years and 8 months in hospital and various rehabilitation centres. This required him to endure lengthy COVID lockdowns where he was unable to receive any visitors.

The claim involved significant disputes on life expectancy, the appropriate future care regime and on the proposed adaptations to the claimant’s chosen property.  There were also disputes on future treatment, aids and equipment and the additional cost of holidays.

Whilst the issue of contributory negligence was not separately negotiated, the settlement is considered to represent a gross figure in excess of £20m.

The claim settled at a Joint Settlement Meeting against leading counsel on 8th September.

Ben was led by Simon Browne QC and was instructed by Patrick Maguire and Joseph Dodman of HCC Solicitors.