Lump sum and periodical payment order for lady with severe brain injury

Our client was involved in a serious road traffic accident when her husband reversed his vehicle. He did not see that she had walked behind it and struck her, knocking her to the ground.

She sustained a very severe brain injury. As a result, she required 24-hour nursing care and nutrition through a percutaneous gastrostomy, where nutrition is provided directly into the stomach through a tube. She was confined to a wheelchair and required two nurses to transfer her.

Our specialists pursued the claim on our client’s behalf. Liability was eventually admitted in full by the defendant, meaning responsibility for the accident was accepted.

The severity of our client’s brain injury meant the settlement also needed to account for the cost of her ongoing care.

The defendant accepted that the claim was suitable for settlement through a periodical payment order. Our specialists secured a substantial lump sum, with the balance of the settlement paid in annual instalments to meet our client’s ongoing care costs.

Rather than providing the entire settlement as a single payment, this structure meant money would continue to be available towards the care our client required.

The periodical payments provided important security for our client and her family. They knew there would be money available to pay her care home fees in the future.

This was particularly important given the level of care our client required following her brain injury.

Our client was unable to manage her own affairs. Because of this, the settlement required approval through the Court of Protection and by a High Court judge.

This formed an important part of concluding the claim and putting the agreed settlement arrangements in place.

The final settlement combined a substantial lump sum with annual periodical payments towards our client’s ongoing care costs.

For our client and her family, the structure of the settlement provided financial security around the cost of her continuing care. In particular, the annual payments meant they knew money would remain available to pay her care home fees.