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£7.5m settlement for car accident victim

Mr K suffered tetraplegia when the car in which he was the front seat passenger went out of control, somersaulted, and landed heavily.

The settlement equated to a sum of £7.5m, although Mr K received only a part of that figure in the form of a lump sum, with the balance being paid to him six monthly for the rest of his life.

What we did

Initially, Mr K had the benefit of legal expenses insurance, but the financial limit was quickly exhausted, after which we continued the claim on the terms of a 'no-win-no-fee' agreement.

Early on, there was an argument that Mr K had not been wearing his seat belt (something he denied, although he could not remember the accident) and that such failure had made a material difference to the outcome for him, something which we disputed.

On the eve of a trial to decide that particular matter, the insurers put forward an inclusive multi-million pound settlement offer or, alternatively, a deal on the liability issue.

On our advice, Mr K accepted the latter, albeit on terms which, in effect, meant he will be entitled to virtually the full value of this claim. An important aspect was our judgment that ultimately he would do significantly better than the multi-million pound offer put forward.

We continued to assemble detailed expert and other evidence in relation to the value of Mr K's claim. In the course of this, he received substantial interim payments which allowed him to purchase a property that suited him ideally – a property which provided space for the construction of a hydrotherapy pool.

Again, as the claim approached a trial to decide its value, a negotiated settlement was reached.

Background

The accident involved a severe impact when the car's driver lost control.

There was very close involvement with Mr K throughout the conduct of the claim – with regular visits to see him; the engagement of a case manager; taking very extensive expert evidence; obtaining substantial interim payments; putting into place a Personal Injury Trust to receive the compensation monies; engineering an outcome which provided for periodical payments, so that Mr K would have sufficient funds over his lifetime, to pay for all the care and equipment he would need.

Case handler

The claim was concluded by Laurence Marshall, a partner and Head of the Serious Injury Team at our Northampton office. With more than 25 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 Injuries Association panels of solicitors, and is also a Law Society Personal Injury panel member.

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