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Specialist lawyers representing a road accident victim who was left in a minimally conscious state after being knocked off his motorbike have negotiated a novel seven-figure settlement of his claim, tailored to meet his particular needs.
The man, in his 70s, suffered very severe brain damage in a collision with a car. He was cared for in a rehabilitation unit, but his children were adamant that he was not in a persistent vegetative state and remained aware of the world around him. They were particularly anxious for him to be cared for at home.
After the car driver's insurers agreed to settle the claim on the basis of 90 per cent liability, the man's lawyers structured his compensation package in such a way as to give him the best chance of returning home in fulfilment of his children's wish.
In addition to a £1.26 million lump sum, he will receive annual, index-linked and tax-free payments. Those payments will be set at £54,000 whilst he remains in the rehabilitation unit. However, if it proves possible for him to go home, they will increase to £247,500 in order to pay for the team of carers he will need.
In approving the settlement, the High Court noted that the pensioner's return home is very much to be hoped for and paid tribute to his children's commitment and dedication in ensuring that he has the best possible quality of life.