Man ‘Cut Down in his Prime’ Given Second Chance
A young carpenter who suffered life-threatening brain injuries and was ‘cut down in his prime’ after he was left for dead by a hit and run driver has been awarded almost £3m compensation at the High Court to fund his future rehabilitation and care.
Daniel Ince, now 34, from Ealing, was flung 15ft through the air by a top of the range BMW driving at twice the speed limit when he was ploughed into while crossing the road in Ealing Broadway in September 2004. He suffered devastating head injuries and lost his job and house, becoming severely depressed.
Now, Mr Ince’s mother Mary Phelan, 70, from Ealing, says the sum, which was secured by serious injury experts at Irwin Mitchell, has granted her son a second chance through funding his rehabilitation at a brain injury clinic. It will ensure her son’s lifelong care and will provide him with the support to stay away from negative influences.
Mr Ince had just left his brother Michael when he began the short walk home. As he crossed Uxbridge Road, West Ealing, he was ploughed into by a five litre BMW that was being driven at a high speed in a 30mph residential zone.
The driver, Munir Azir, fled the scene, leaving Mr Ince for dead on the side of the road. He was only caught after he took the car, which he’d borrowed from his dad, to the garage and said he’d hit another vehicle.
The mechanic became suspicious and an internet search revealed police were appealing for witnesses after a young man had been left for dead following a hit and run. He immediately called the police.
Azir was found guilty of careless driving and his insurers admitted 75% liability after a witness said he wasn’t sure if Mr Ince looked both ways before crossing.
Mr Ince required months of treatment and rehabilitation at Edgeware Road brain injury rehabilitation centre.
Nearly seven years on, Mr Ince is now a voluntary resident at the Transitional Rehab Unit (TRU) in Lancashire and has progressed through to living in the community in his own flat.
His Mum, Mary, said: ”Daniel has done really well moving away from London and starting a new life for himself.
“He loves working at the TRU’s wood shop and he has made some amazing pieces of carpentry. All Daniel ever wanted was to go back to being a carpenter and to have a decent life.”
The High Court Judge Peregrine Simon said “Despite Mr Ince’s severe injuries he has a high level of motivation and reliability to work in his vocational wood shop where he’s using his skills as a carpenter. It is to be hoped that he can lead an independent and contented a life as possible with the financial support awarded.”
Stephanie Clarke, a lawyer at Irwin Mitchell that represented the family, said: ”Daniel Ince was a young man looking forward to working in a job he loved and hopefully settling down with a family when he was cut down in his prime.
“The injuries he sustained have not only robbed him of this prospect but have caused him to become reliant on alcohol and lacking the insight as to how this affects him. It is unfortunately not unusual for a head injury victim to suffer a loss of self-esteem as they struggle to come to terms with the after-effect of their serious injuries.
“In order for Daniel to lead a life which has some quality he will require a great deal of support both in the community and vocationally to maintain the gains he has made at the TRU. The settlement will allow him to do this.
“Daniel will always be vulnerable which is why his damages will be managed by the Court of Protection team at Irwin Mitchell. He has had the support of a loving family, mum Mary, brother Michael a former champion boxer, sister Emily, a paramedic, and sister Bridget a teacher.”
If you or a loved one has suffered a serious head or brain injury as the result of an accident, our serious injury claims team could help you claim compensation. Visit our Brain & Head Injury Claims page for more information.