In late 2018, Mooneerams Solicitors received instructions to act on behalf of M, who was 40. M lacks capacity, meaning he cannot use and understand information to make a decision and communicate any decision made.
When people who lack capacity suffer injury in an accident that wasn’t their fault, they are unable to make a personal injury claim themselves, so any claim must be brought on their behalf by a family member or close friend, who then becomes a ‘Litigation Friend’. In this case, M’s mother became his Litigation Friend.
The circumstances of the accident
M was involved in an accident on 22nd September 2018 while working as a steward at a festival. A supervisor told him to remove some traffic cones to allow a bus to park. As the bus driver started to move his vehicle forward to begin executing a right turn, he did so in such a manner that it resulted in M becoming trapped between the bus and a wall.
The client’s physical injuries
As a result of the incident, M suffered severe injuries. These included multiple rib fractures, fractures to both humeri, fractures to 3 lumbar vertebrae, a fracture to the metacarpal of the left hand and a fracture to his pubic rami.
M required post-accident surgery to both arms and underwent an extensive course of physiotherapy treatment to assist his recovery. Miraculously, despite the seriousness of the injuries sustained, with the aid of intensive rehabilitation, the client effectively made a full physical recovery within approximately two years of the accident.
The client’s psychological injuries
The substantial element of this catastrophic injuries claim was the fact that the client had a pre-existing history of autism, mild learning difficulty and anxiety. The accident not only exacerbated these pre-existing issues but also caused the client to suffer from PTSD (Post Traumatic Stress Disorder) and depression to such an extent that he is no longer able to live an independent life.
M is highly vulnerable, and due to the extent of his psychological symptoms, he was unable to live alone. He struggled to sleep and often experienced suicidal thoughts. He is unable to manage his finances and essentially requires full-time care and assistance from his parents in terms of domestic tasks, which his father performs because his mother has chronic back problems. He also requires significant levels of personal care.
The personal injury claim
Mooneerams started the personal injury process in 2018, and the case settled in December 2023 at a JSM, or Joint Settlement Meeting. A JSM is a specially convened meeting at which the solicitors and barristers for the Claimant and the Defendant attend to try and settle the claim without it going to a final court hearing before a Judge.
Settlement of M’s claim
By agreement, M’s claim was settled at the JSM for £3,100,000.
While past losses (those already incurred) were relatively significant in this claim, the overwhelming bulk of the settlement figure was made up of future losses to take into account the client’s accommodation and care needs, given that he is now and will in the future, be unable to live independently.
The compensation will provide for the ongoing cost of future medical treatment M will require, ensure his future care, assistance and accommodation needs are met, and compensate him for his future loss of earnings (since he will be unable to work again).
The settlement figure also includes the estimated cost of M taking future holidays, including the extra costs of providing the care and assistance he will still need, whilst on holiday.
The settlement achieved will also cover ongoing occupational therapy.
As M is always likely to be incapable of managing his own affairs, all costs relating to the possible future involvement of the Court of Protection were taken into account when arriving at the settlement figure. (The Court of Protection makes financial and welfare decisions for people who lack capacity.)
Conclusion
A vast amount of work and skill goes into producing a successful outcome in a catastrophic injury claim like M’s. Claims of this nature should only be handled by experienced, specialist personal injury solicitors. In this case, Mooneerams Director Angus Fergusson acted for the client from start to finish, with the
assistance of Bethany Davies.
Serious injury cases often take years to settle – in this case, it took five. Even when liability for the accident is not disputed, claims can’t be settled until there is a complete picture and plan of the client’s medical condition and future prospects in all aspects of their lives.
Many different types of specialists are required to prepare extensive reports. These include medical experts, care specialists, therapists, financial advisors, and occupational therapists.
In personal injury claims, the aim is to put the client back in the position they were in before the accident or as near as possible.
In cases like M’s, nothing can fully compensate the client for the terrible pain and suffering they go through and may need to go through for the rest of their lives. The best that lawyers can do is to ensure that their clients receive enough compensation to allow them to live their best lives, given their altered circumstances. Mooneerams set out to achieve this in M’s case, and hopefully, we succeeded.
