Further interim payment of £300,000 for victim of brain injury

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Further interim payment of £300,000 for victim of brain injury

20th June 2012

A man who sustained serious brain damage after a devastating electric shock at work has been awarded a significant interim payment as his lengthy fight for justice continues.

Martin James, a serious injury specialist with Fentons Solicitors LLP, was delighted after securing a further £300,000 for his client at a recent High Court hearing, taking the total of interim payments made to the victim to £475,000.

“This is a fantastic result for our client and his family,” said Martin, a partner with the firm. “As the criminal case against some of the defendants continues, this latest payment will potentially fund specialised care for our client at home. It will enable us to finally move him from the rehabilitation unit he has been in for over a year and into more appropriate accommodation with his wife and family, where their support will be of immeasurable help to his recovery.”

Martin said his client, who was in his 40s at the time of the incident, was injured whilst working on the site of a music festival in the summer of 2010. “He was working for a company installing portable buildings and other similar constructions at the venue, and we understand that some changes were made to the design of the site,” he said. “One of the locations was directly beneath overhead live power cables, and during the course of his work my client received a massive electric shock.”

Martin explained that because the criminal proceedings against some of the various defendants in the case – the event organisers and the company responsible for Health and Safety at the site – were still ongoing, the civil claim for compensation had been subjected to lengthy delays.

“As the potential date of a final settlement is clearly a long way off, securing interim payments of this kind can prove vital to victims like my client and his family,” he said. “This particular ruling is a hugely important decision, not just for our client and his family but also as a point of law.”

Martin explained that at a Court of Appeal hearing in October last year, the Court decided that when applying for an interim payment in cases where there were numerous defendants on the basis that one or another was liable - and they were all insured - it did not matter that there was also another defendant who was not insured.

“But on that occasion, the Court also decided that our client’s case might not succeed under specific guidelines and so decided against making an interim payment order,” he said.

“However, the Deputy Judge of the High Court decided at the most recent hearing that the rules meant we would succeed in our claim.”

Despite the Court of Appeal’s earlier decision, the £300,000 interim payment was awarded.

“My client has been so severely affected by the incident that he is still unable to communicate with anyone,” said Martin. “This latest interim payment will mean a huge amount to him and his family.”

Due to the nature and severity of his injuries, doctors are still unsure of the long- term prognosis for his recovery. “One thing that’s certain is that he will require constant medical care for the foreseeable future,” said Martin. “Thankfully this interim payment victory will enable his family to secure that care without concerns over how it will be financed, allowing them to concentrate fully on looking after their loved one.”

Any final settlement in the civil claim is likely to be delayed for a considerable time, as the criminal proceedings are not due before the Courts until early the beginning of next year at the earliest.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims of serious head and brain injuries, including those arising from accidents at work.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.