29th May 2019
James Laughland, instructed by Natasha Fairs of Irwin Mitchell, has secured an award worth £6.5m for a motorcyclist injured by an untraced driver.
The Applicant, riding a motorcycle in 2008, was struck with such force by a van that he suffered immediate traumatic amputation of his leg. The van driver did not stop and a claim was made to the MIB under the 2003 Untraced Driver’s Agreement. Dissatisfied with parts of the MIB’s initial award, a further application was then made for an arbitrator’s determination. The Applicant was in the early years of what was contended would have been a long and successful career as a trader in the City. His current but-for earnings were eventually assessed to be some £295,000 pa gross and that he would have continued with such earnings to age 50, with half thereafter to age 65. Residual earning capacity was around £50,000 pa. A life-time award of £25,800 pa was also made for prosthetics. A lump-sum award of £2.85m, including general damages for pain, suffering & loss of amenity of £140,000 was made, with the balance to be paid by way of periodical payments making the overall award have a potential value of £6.5m on a full-life basis.