When an injury results in a need for constant care and someone else is at fault, compensation can be claimed to cover two aspects; the injury itself and the cost of the on-going care. Where care is to be provided by a nursing agency, the cost is simple to calculate. Where someone is looked after by a family member, calculating the cost is more complicated and compensation for a carer’s allowance can be harder to obtain.
When Bartletts personal injury solicitors in Wrexham represented a lady suffering from brain injuries following a road traffic accident, they confidently negotiated a compensation award of £200,000 and enabled her to choose the most appropriate carer for her circumstances.
The lady, who was in her late 50s, was knocked over whilst crossing a road by a car that was not roadworthy. The car had been modified by its owner with windows that had been heavily tinted.
Following the accident, the lady was left with brain injuries which significantly reduced her level of concentration. She struggled to cope with simple daily tasks and required a lot of support from a carer.
The nature of the brain injuries meant that care from a family member was preferable to a professional nursing team. Constant care and supervision was kindly provided by a family member, who as a result suffered loss of earnings from their job.
Understanding the complexity of the case, Bartletts personal injury experts successfully negotiated a settlement with the driver’s insurance company which allowed the lady to continue to be cared for by the family member, providing compensation to reflect the level of care and for their loss of earnings.
The final compensation of £200,000 comprised roughly 30 per cent for the injuries sustained and 70 per cent to reflect the generous care provided.
