Over £1m obtained for brain injured ‘hit and run’ victim

Posted 04/10/2016 By: Tom Ranson

Tom Ranson, a personal injury specialist at Ashtons, has obtained a settlement valued at over £1m for a middle aged man who sustained a traumatic brain injury after he was the victim of a hit and run incident. Much of this will be paid as ‘periodical payments’ over the coming years to ensure that he has enough money on which to live and can access the care and support he needs on an ongoing basis as he is no longer able to earn his own living.

As a result of his injuries, Mr X was found to be unable to manage his own financial affairs and his own legal claim so Adrian Mundell, who heads the Ashtons Court of Protection team, was appointed as a professional Deputy. The settlement was approved in the High Court.

It was agreed that Mr X’s ability to manage his own affairs might fluctuate during his lifetime and provisions have therefore been made for future medical examinations to confirm this. In case he is able to manage his own affairs in the future there is a ‘stop-start’ device in place for the Court of Protection support and charges. This was only able to be agreed because all parties accepted that it was the best approach.

Tom Ranson comments: “At the heart of everything we do when bringing an injury claim for someone is the need to ensure that what we achieve will meet their financial and care needs in the future. This arrangement does precisely that and provides a level of flexibility which is not always achievable; it was a very satisfactory result.”