20th May 2019
Simon Browne QC, instructed by Andrew Dalton of White Dalton Motor Cycle Solicitors settled the Claimant’s claim for £1.65 million following an RTA in 2014. The Claimant was already paraplegic as the result of a previous RTA in 2008. The case raised interesting questions of acceleration in paraplegia cases, and how to approach quantitative rather than qualitative differences in care needs as a result of a Defendant’s negligence.
Before 2014 the Claimant was a fit and independent paraplegic. After the second accident his abilities changed significantly. For example, as a result of an injury sustained to his dominant wrist in the second accident he is no longer able to transfer unaided. Relying on Reaney v University Hospital of North Staffordshire NHS Trust & Anr  EWCA Civ 119, the Claimant argued that as a result of the 2014 accident his needs were qualitatively different from his pre-existing needs. The Defendant argued that his paraplegia meant that he would eventually need care anyway, and that it was merely a question of when.