Case Study

Severe Brain Damage after being Deliberately Thrown from Moving Car

Published on 26 Feb 2024

The claimant aged 40, was left severely brain damaged and requiring 24 hour double up lifelong care after being deliberately thrown from a moving car. The court ruled in 2014 at a trial of preliminary issue that the claimant was 40% to blame for the accident as he had deliberately jumped onto the bonnet of the moving car. Due to this finding and a 13 to 18 year reduced life expectancy, careful consideration was given with Deputy, Counsel, IFA, NHS and family as to how to provide adequate lifetime care costs and meet the 40% shortfall.

At the time of the case, the claimant received NHS funding of £350K per annum. The defendant argued that the claimant’s care needs would be met by the state and there would be no future care loss. They further argued that because of the shortfall that the claimant had no choice but to accept state funding. If the claimant sought 60% of future care damages and continued with state care he was met with the double recovery argument. Independent financial advice was that his needs could be met for the longest period of time by a lump sum. This was an exceptionally complex and challenging case. Consideration was given to the lump sum payment with: 1 Peters Undertaking, 2 Deferred Peters Undertaking, 3 Restricted Purposes Fund for care repaid to defendant on death, 4 Reduced lump sum with no Peters Undertaking, 5 Reverse indemnity where the claimant carried on with state care but indemnified by the defendant if no or inadequate state funding. The case settled on basis of option 4 for a non disclosable amount.

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