It is a common misapprehension that accident victims can only win damages for their physical injuries. In one case which proved how wrong that is, a substantial part of an injured cyclist's multi-million-pound compensation settlement was paid in respect of the devastating personality change he has suffered.
The father of two was aged 46 and was training for an endurance cycling event when he was knocked off his bike by a car. He suffered a serious brain injury which resulted in partial paralysis. Since the accident, his behaviour has been very challenging. In particular, he has developed a preoccupation with trying to walk normally, although that is no longer possible and he is largely dependent on a wheelchair. The reality is that his life expectancy has been reduced to the age of 75 and he will always require 24-hour care and support.
Lawyers acting on the man's behalf launched proceedings against the motorist's insurance company, which admitted full liability for the accident and agreed to a final settlement of the case. Under the terms of the agreement, the man will receive a £2.9 million lump sum as well as index-linked and tax-free annual payments to cover the costs of his care for life. The total compensation package is valued at £5.85 million.
In approving the settlement, the High Court paid tribute to the man's elderly parents for the outstanding care that they have given him since the accident.