Improved Rehabilitation Compensation For Road Accident Victim

Improved Rehabilitation Compensation For Road Accident Victim

Specialist serious injury lawyers at Irwin Mitchell have secured an improved compensation award for a road traffic victim.

Mr Dhillon suffered very severe injuries in a road crash on 24 August 2002. He was a front seat passenger with his friend driving and they had both been drinking. The defendant drove on the wrong side of the road and a collision occurred. It was alleged against Mr Dhillon that he wasn’t wearing a seatbelt and with somebody who was driving with an excess amount of alcohol.

Our client sustained a traumatic brain injury. He remained on a ventilator for a number of weeks and required brain surgery. His rehabilitation process was slow and he has never been able to return to work. He initially instructed another firm of solicitors who secured modest interim payments. As a result of this Mr Dhillon was unable to engage in a proper rehabilitation programme.

He transferred solicitors, who then confirmed the appointment of a case manager. An occupational therapist, physiotherapist and support workers were instructed, enabling Mr Dhillon to regain much of his quality of life. With the assistance of the case manager and the interim payment alternative, accommodation was also secured. This was necessary, as Mr Dhillon was previously living with his mother and brother, an arrangement which was causing family frictions due to the personal difficulties caused by his brain injury.

Having established a suitable care regime, it was possible to assess the potential value of the case. Difficulties arose concerning contributory negligence and inevitably the case was settled on a compromise basis. Initially, an offer of £500,000 was made prior to Irwin Mitchell being instructed. However, after approval by the Court in May 2009, Mr Dhillon was awarded £765,000 plus annual payments of £27,500, making the capitalised value of the case worth £1.6 million.

Solicitor Colin Ettinger commented: "There were very real risks that the claimant would be found substantially to blame for this incident as he wasn’t wearing a seat belt and was driving with somebody who he knew to be the worse for wear from drink. Nevertheless, a substantial award has been made which will assist in ensuring a decent quality of life."

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