The recent £6.3 million settlement awarded to a Claimant by the High Court in London marks a new record figure for damages following injuries sustained in an accident. Camps Solicitors’ own Ged Jones has been following the case, and has his views on the impact this landmark ruling may have on personal injuries litigation, including the cases he is involved with here in the firm:
Mr David Dei-Ceci was aged 17 in October 2002 when the car he was travelling in as a passenger crashed in a field. As a consequence of the accident, Mr Dei-Ceci suffered serious brain injuries, leaving him requiring 24 hour live-in care and assistance for the rest of his life.
The majority of high value awards such as Mr Dei-Ceci’s comprise the costs of future care and assistance and compensation for loss of earnings. Future losses are calculated by use of Government actuarial tables which allow for the contingencies of life and the accelerated receipt of a lump sum readily available for investment.
As a personal injury solicitor myself, I was particularly interested in this case as I am acting for a claimant who has sustained similar injuries to those of Mr Dei-Ceci. It is vitally important that all non fault accident victims are compensated for the impact the accident will have upon the claimant’s lifestyle.
Every detail needs to be taken into account, even factors such as the cost of increased heating bills due to the claimant being at home all day and unable to work, it is my duty as a solicitor to ensure my clients receive as much financial assistance as possible following an accident. Another claimant I am acting for has been left severely disabled due to a motorcycle accident; in this case it has been possible to claim for the cost of extra-leg room flights and mobility scooters on annual trips abroad.
Solicitors dealing with such high value cases will need to obtain reports from various experts, ranging from Neuropyschologists to Occupational Therapists and Employment Consultants. It usually takes many years to finalise the evidence and conclude settlement of such cases.
Due to changes in the law over the last few years the Court now has the power to impose periodical payments in such high value cases rather than award one lump sum, regardless of the wishes of the parties. This will help to provide claimants with a future income stream throughout their lifetime and take away the risk of investing a lump sum in the precarious financial markets.
What many people do not realise is that damages for fatal accidents are significantly lower than the type of award in this particular case. This is because the death is usually instantaneous and there is no actual pain and suffering to be compensated for.
Damages in this country are relatively low compared with the USA and most other European Countries. There has not been any significant increase in damages awarded to claimants over the past 15 years, certainly not in line with inflation. Hopefully, this decision will see a significant rise in levels of damages being awarded to Claimants in the future.
Call 0800 092 8586
Speak to one of our claims advisors about your claim.
