The Legal Week.co.uk

OPINION: Ged Jones

Posted by Vicky Anderson on April 22, 2008 6:40 AM | 

The associate solicitor at Camps discusses a landmark damages claim

As a solicitor specialising in personal injury litigation I was interested to hear of the record damages settlement of £6.3m awarded to a claimant by the High Court in London. 

Mr David Dei-Ceci was aged 17 in October 2002 when the car he was travelling in as a passenger crashed in a field. As a consequence of the accident, Mr Dei-Ceci suffered serious brain injuries, leaving him requiring 24 hour live-in care and assistance for the rest of his life. 

I am acting for a claimant who has sustained similar injuries and it is important to ensure all aspects of the claim are covered. Every detail needs to be taken into account, even factors such as the cost of increased heating bills due to the claimant being at home all day and unable to work. 

Due to changes in the law over the last few years, the Court now has the power to impose periodical payments in such high value cases rather than award one lump sum, regardless of the wishes of the parties.

This will help to provide claimants with a future income stream throughout their lifetime and take away the risk of investing a lump sum in the precarious financial markets. There has not been any significant increase in damages awarded to claimants over the past 15 years, certainly not in line with inflation. Damages in this country are relatively low compared with the USA and most other European Countries. Hopefully, this landmark decision will see a significant rise in levels of damages being awarded to claimants in the future.

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