£3.5m award for injured passenger not wearing seatbelt

Substantial damages for an 18-year-old man who suffered severe brain injury were secured after the car he was sitting in crashed heavily, causing him to be ejected from the car through the rear window. At the time he was not wearing his seatbelt.

Our client required expert medical attention for many months, finally being allowed home around seven months after the accident.
He then began two years' intensive rehabilitation at a various units. 

Extensive medical evidence was arranged - including from leading brain injury experts - so that that our client's life long accident related medical condition could be fully understood and accommodated in the course of the claim.  Eventually when his medical condition stabilised, final evidence was secured, including, crucially, evidence to show what his care and accommodation needs were and would be.  There was a major disagreement between the respective experts on both sides on several issues. 

Finally, after appropriate accommodation was acquired with an interim payment, settlement was reached and approved by the Court as entirely satisfactory - on terms which should secure the client's position for the rest of his life, even though he was not wearing his seatbelt.

What did we do?

Our client suffered a severe head injury, requiring extended hospital care and rehabilitation.  From early on we worked closely with the family and were able to secure interim payments to help relieve financial pressures; we helped influence and organise rehabilitation services at various centres, and we helped put in place case management and support services. 

We secured expert engineering evidence to persuade the Court that the client's failure to wear his seatbelt should not be penalised with the conventional 25% discount.

In face of strong opposition from the insurers, we were able to secure the purchase of a substantial property, sufficient to accommodate the client, his family, and the client's carers, for the rest of the client's life.

Eventually, a settlement was negotiated which, in the client's favour, anticipated only a moderate level of continuing state benefits. The need for Periodical Payment Orders was considered extensively.

Who dealt with the case?

The claim was handled by Laurence Marshall, a partner and Head of the serious injury team at our Northampton office. With more than 20 years' experience in the area of personal injury, Laurence is recognised by lawyers and barristers alike as a true specialist in the area of catastrophic injury claims. He is on the Headway and Spinal Injury Association Panels of Solicitors, and is also a Law Society Personal Injury Panel member. He has been associated with local Headway Groups for many years.

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