Some of you may recall that a couple of weeks ago I asked if anyone had an Aprilia scooter that I could borrow for a reconstruction I was doing, and many of you will have read in the past my views on using claims management companies or legal expenses appointed solicitors in the event that you are unfortunate enough to have a crash. On this basis, I thought you might be interested in the case for which I was looking for the scooter, which in any case we settled last week. The case as you will read is over 10 years old because just such a firm sat on the case for 6 years and did nothing bar the basics and issue proceedings to protect the claimants rights. We took over the case and had to fight the young riders corner, now thankfully with the right result. What has made this case interesting is that it has set a bit of case law. The third party made an offer. The case went to trial to determine values. The third party then tried to make it a requirement that the claimant be subjected to a medical examination every 5 years to establish whether the payments could be reduced. However, this was not included in what is called the Part 36, and despite legal arguments, the Judge ruled that conditions to a part 36 could not be amended once it went trial Anyway, as I hope you can appreciate, we are pretty pleased with this result after the claimant and his mother lost hope with the previous firm who were representing them, and I thought I would share it with you. Injured motorcyclist awarded £3.6 million A 26-year-old man from south London, who had been an aspiring Premier League footballer, was last week awarded £3.6 million in compensation by the High Court, following a motorcycle accident that occurred ten years ago. The man, who does not wish to be named and is otherwise referred to as Mr X, was involved in a head-on collision in 2002 while riding his scooter in Thornton Heath. The then 16-year-old was hit by a van being driven by Christopher Evans who had failed to notice the oncoming motorcyclist while attempting to make a right turn. Mr X sustained multiple injuries in the collision, including a fractured right femur, fractures to both wrists, his right elbow and right ankle. He later developed chronic pain and psychological disorders, including severe Post Traumatic Stress Disorder, a Major Depressive Disorder and severe Obsessive Compulsive Disorder. He also sustained a brain injury with resulting cognitive, behavioural and emotional difficulties, personality changes, heightened fatigue and persisting headaches. The combination of Mr X’s physical and mental conditions made it impossible for him to return to Coulsdon College, where he had previously been studying for a qualification in Business Studies. The talented footballer also had to give up any hope of playing for the Premier League football team he had had trials with. He has since been unable to contemplate employment, and is dependent on his mother for round-the-clock care. The High Court ordered that Mr X’s award of £3.6 million was to be paid partly as a lump sum of £2.05 million, and partly by annual payments for the remainder of his life. It will be managed by his professional Deputy, Nicola Manning of McMillan Williams Solicitors who has been appointed by the Court of Protection. Mr X’s solicitor, Phillip Scarles of McMillan Williams, who specialise in dealing with motorcycle accidents and took over the case from another law firm, said: “Not only did Mr X sustain severe orthopaedic injuries and develop chronic pain, he also developed severe psychological disorders. His mother’s care for him in very difficult living circumstances has been outstanding. This award will enable Mr X to move with his family to a home that will be much more suitable and will enhance his quality of life as much as possible.”
Yes, we have blokes and ladies who work in our specialist medical negligence department. If you have a potential case and you would like to have a chat, then drop me a PM with a contact number and I will be happy to have a no obligation chat with you.
This is where it can get difficult as there are so many factors that have to be considered. Firstly, the age of the claimant and the severity of their injuries. Injuries have specific values based on their severity and are classed minor, moderate and severe. The top award that can be given is for a severe brain injury or tetraplegia and stands at around the £800,000 mark. Then in these sever cases, it has to be determined what their career path might have been and where possible their earning potential until time of retirement, promotions and, and, and!! Then any special care needs have to be looked at. Any special adaptions and so the list goes on. In the most catastrophic cases, solicitors use what is called The Ogden Table which provides case studies and values on similar previous cases, and with the all the information using what is called multiplyers, a figure can be arrived at. I have seen the formula they use, and believe me, to me it is like reading a blank piece of paper because it goes straight over my head. This is where solicitors really earn their corn because the maths and the legal side have to be exact and specific, which is where many of the claims management firms and legal expenses panel firms struggle because they tend to use paralegals and legal execs who don't have the first idea of how to value a case, even the more minor injuries cause them problems.
