Stuart McKechnie settles claim for catastrophically brain damaged Claimant hit by drunk driver

News | Thu 30th Nov, 2017

On 29^th November 2017, Stuart McKechnie obtained High Court Approval on a severe traumatic brain injury claim. The Claimant (a protected party), sustained her injuries when she was struck by a vehicle being driven by a drunk driver. The defendant driver was subsequently convicted of Causing Serious Injury by Dangerous Driving and Drink Driving and sentenced to a substantial term of imprisonment. The Claimant has been left with a range of neurocognitive and neuropsychological problems, superimposed on a significant pre-existing history of learning difficulties. This gave rise to complex arguments on causation and quantum. Having made 2 substantial settlement offers in early-mid 2017 (offers that were rejected on Stuart’s advice) the Defendant subsequently made a final offer of £3.8 million and this was accepted on behalf of the Claimant. The settlement was approved at the RCJ on 29^th November 2017 by Mr. Justice Martin Spencer, who commended Stuart on the quality of his advice and confirmed that he had no hesitation in approving the settlement and granting an anonymity order for the Claimant.

Stuart was instructed by Nichola Fosler at Stewarts.