Amanda Yip QC and David Knifton from Exchange Chambers have secured a settlement of £3.5 million for a woman who suffered a severe brain injury when she was struck by a car while crossing the road in December 2012.
The client, who cannot be named for legal reasons, was just short of her 49th birthday at the time of the accident. She had been left with a number of physical and cognitive impairments as a result of her brain injury. She was no longer able to work, was incapable of managing her property and affairs, and needed prompting and assistance from skilled carers to engage her in activities.
Recognising that the discount rate used for calculating future losses in PI cases was about to be reviewed, the barristers highlighted the potential effects of any changes in their detailed calculations of the value of the claim, causing the defendant’s insurers to make a substantially increased offer of settlement.
Amanda Yip QC said: “One of the privileges of doing this job is meeting families who rise to the challenge of looking after a relative who has been seriously injured, as our client’s family have done in this case. Through their perseverance and efforts, our client now has the benefit of a compensation award which has given her the quality of life she enjoys today.”
Knifton pointed out that the case had emphasised the importance of spending time getting to know and understanding the needs of a client and their family in order to ensure that the proposals for compensation were properly supported by evidence.
“It has been enormously rewarding to work with this client and her family, and to help secure their future by a truly outstanding settlement,” he said.
The barristers were instructed by Imogen Wetton, a brain injury specialist at Thompsons Solicitors.
“I have got to know the family so well and it’s clear how much they care for my client,” said Wetoon.
“The judge said he was amazed how in situations like this family members are able to step up to the plate and I fully agree.
“We were mindful of the fact that the Lord Chancellor is now reviewing the discount rate for personal injury damages – something non-specialist firms would not be aware of – which meant we were able to calculate how best to help our client get an excellent settlement, the support she needs and ensure the quality of life she deserves.”