In August 2006 the Court in Nottingham approved a settlement in favour of
David of over £3,100,000. This was the culmination of a case which had spanned 16 years since
David was first injured in a road traffic accident. He had only been 6 years when he was struck
by a car when he was walking along a pavement with his mother. His most devastating injury was
a head injury. With hard work and determination and with the support of his determined family
David progressed through mainstream schooling before going on to a 3 year residential
rehabilitation course at Portland College. Interim payments in addition to the £3,100,000 were
paid during the case to partly compensate David's parents for the care that they had provided
and to pay the costs of the case manager and "buddy".
The reason that the case took so long was that until David had completed rehabilitation it could
not be predicted as to what extent he was going to require care and assistance in the future.
Although it had long been established that he would not be able to compete in the open labour
market there was a big question mark over how much help he would need in order to live a semi
independent existence. As well as his cognitive difficulties David had developed post traumatic
epilepsy. The care experts instructed on the case disagreed as to the level of support that David
would need and the difference between their views made a massive difference to the respective
valuations of the case.
At a round table meeting held in July 2006 negotiations were undertaken between ourselves
and the insurers. The ultimate agreement reflected most closely the care provision recommended
by our care expert and will ensure that a regime can be put in place to minimise any risk to
David.
The experts agreed that David would not be capable of managing his financial affairs and Jill
Barratt was appointed his receiver by the Court of Protection. The award provided for
professional fees to be met for the rest of David's life and David and his family are pleased
that they can continue to rely upon the professional support that they have received since 1990.
With few exceptions, a case should not be concluded until a final prognosis is available and
all of the financial implications of an injury have been explored no matter how long it takes.
However once the claim is capable of quantification we move as quickly as possible to achieve
an early resolution.
The Steelers Wheelchair Basketball
Club
The Sheffield Steelers wheelchair basketball team has secured a two year, £10,000 sponsorship deal with Nottingham-based personal injury solicitors Barratts.
