£3.5 million settlement for unbelted passenger in works van

An incredible result for an Aspire Law client whose claim was complicated by the failure to wear a seatbelt. The lump sum settlement was negotiated at a joint settlement meeting with the claimant and defendant representatives; avoiding the need for the parties to attend Court and have a trial on the issues.

Damian Horan was assisted by colleagues at Aspire Law. Aspire Law also instructed William Latimer- Sayer, Kings Counsel, of Cloisters and leading forensic and medicolegal experts to achieve this great result.

 

Background

Our client was a poultry worker. He had been collected from his home in Birmingham and was being driven along the M5 to work at a farm in Somerset. Our client was asleep in the rear of the vehicle, when the driver of the vehicle lost control of the vehicle resulting in the vehicle rolling over several times. When our client awoke the vehicle was on its roof.

In the accident our client sustained a compete L1 lesion of his spinal cord, rendering him permanently paralysed from the waist down.

 

Liability

As an innocent passenger, injured by a negligent driver, our client was certain to recover some damages from the driver. However, the records from the ambulance service suggested our client was not wearing a seatbelt.

It is a legal requirement for a passenger to wear a seatbelt. Were it proved that our client was not wearing a seatbelt, and that the failure to wear a seatbelt contributed to or caused our client to sustain a spinal cord injury, then his damages could be reduced.

Early on in the case the insurers for the driver admitted primary liability but argued that our client was contributory negligent for the failure to wear a seatbelt. Aspire Law maintained our client was wearing a seatbelt although our client had no recollection of this, as he was asleep at the time of the collision and had little to no memory of the events leading up to the crash.

In order to understand whether a seatbelt was being worn or not, Aspire Law instructed a specialist forensic expert. We also obtained records and witness statements from the attending police officers and ambulance personnel. Aspire Law’s forensic expert inspected the vehicle and in particular the seatbelt webbing for any evidence of chaffing or markings that would indicate a seat belt was being worn by our client.

Once the forensic report and statements were complete, they were sent to the specialist spinal cord injury expert instructed by Aspire Law for a view on whether the provision of a seatbelt or not, would have led to a different outcome for Aspire Law’s client.

 

Litigation Process

Early on in the claim Aspire Law secured an admission of primary liability from the driver’s insurer. This meant that Aspire Law were able to obtain interim payments for our client and to instruct a large number of medical, therapy and rehabilitation experts to advise on our client’s needs both now and in the future. Aspire Law also instructed a case manager to oversee our client’s return to the community following discharge from hospital. The case manager also accommodated an extended stay in Afghanistan, our client’s home country, where he could stay with family and receive further rehabilitation arranged by Aspire Law through the case manager.

 

Difficulties Following Injury

With a ‘complete’ spinal cord injury, there were no prospects of our client ever walking unaided again. He would be a full-time wheelchair user. Therefore, Aspire Law had to arrange, via the case manager, somewhere to live, transport (our client didn’t drive and so we arranged driving lessons in an adapted car), care, ongoing rehabilitation and an income as he was unable to work. Our client also tested an exoskeleton, as a rehabilitant/walking aid, via robotics, over short distances.

Along with paralysis our client had to overcome the mental and physical challenges that a spinal cord injury presents. Our client was also extremely keen to return home to see his family.

With the assistance of the case manager and with the interim payments secured by Aspire Law, our client was able to be discharged to a suitable property, purchase appropriate equipment and travel home to be with his family.

 

Valuation

Aspire Law concluded the quantum (value) evidence over many months in readiness for either a trial or a joint settlement meeting. The evidence gathered and the schedule of loss that Aspire Law drafted would set out in detail all our client’s heads of loss, itemising each and every cost to include care, accommodation, transport, loss of earnings, equipment and ongoing therapies. The total valuation was many millions of pounds.

 

Negotiations

Despite the argument surrounding the seatbelt Aspire Law had a good relationship with the third- party insurer and their solicitors. The channels of communication were kept open. A joint settlement meeting was proposed by Aspire Law with a view to negotiating a settlement; avoiding the need for a trial. The solicitors for the third party agreed and after the parties disclosed their quantum evidence (on a without prejudice basis), there was meeting where damages were agreed at £3.5 million.

The other side argued for a reduction for the failure to wear a seatbelt and applied a reduced life expectancy (due to the spinal cord injury and a history of smoking). They also based their calculations on the premise that our client would return to Afghanistan, in which case his needs would be cheaper. None of these points were conceded by Aspire Law but were considered in the round accounting for the litigation risk associated with the issues.

 

Conclusion

All spinal cord injury cases are deserving of the highest quality legal advice. In the instant case, Aspire Law had to investigate and navigate some challenging issues that the third-party insurer sought to rely to undermine the value of our client’s claim. Following a meticulous examination of the evidence, supported by leading experts and Kings Counsel, Aspire Law were able to minimise the impact of the other side’s position and see that our client achieved the very highest level of damages.

 

Damian Horan, said “Securing this young man’s financial security was really important. He had come to the UK from Afghanistan as an asylum seeker. He had limited English and was reliant on low paid physical work for his income. Getting him the right compensation has meant he will now have the necessary support he needs in the future.”

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If you or a close member of your family have recently sustained a spinal cord injury, you will need expert advice and assistance. You could be eligible for spinal injury compensation. Please fill out our content form and one of our spinal injury solicitors will get in touch with you.