Court approves damages for young Hampshire man with severe brain injuries following car accident

Posted: 24/02/2012

The Royal Courts of Justice has today approved settlement of a substantial damages claim for Marc Dallaway, aged 24, relating to a serious brain injury which he sustained in a road traffic accident. On 26 May 2006, when he was 19 years old, he was the front seat passenger in a car driven by a friend on the Aldershot Road heading towards the A323 Fleet Road in Hampshire. The defendant lost control of the car which collided with another car travelling in the opposite direction and overturned. As a result, Marc suffered a catastrophic brain injury and multiple fractures.

Marc, who is from Farnborough in Hampshire, brought proceedings against the defendant, claiming that the accident and the injuries, loss and damage he suffered were caused by his negligence. The proceedings were issued on 3 November 2008. Liability was admitted by the defence and judgment was entered for damages to be assessed.

After admitting liability, the defendant’s insurers co-operated in the making of interim payments sufficient to purchase a home and provide for an independent care package. Following without prejudice discussions, a proposed settlement was agreed. This comprised a lump sum and annual periodical payments for Marc's ongoing support and therapy needs.

Marc sustained very serious injuries but has made a remarkable recovery given the severity of the accident. Whilst he still needs 24 hour support and other rehabilitative input, and will do for life, he is living in his own house and has regained far more function than was ever envisaged.

He was represented in the litigation by his mother and grandfather. Following the settlement, they said: "We are relieved that the case has concluded and that Marc is now in a position to fund the support that he will need for the rest of his life and maximise his independence. However, no amount of money will make up for what he has lost out on and the impact of his injuries."

Philippa Luscombe, head of the personal injury team at Penningtons Solicitors LLP, acted on Marc's behalf during the proceedings. She commented: "It has been a real pleasure to work with Marc and his family and to achieve a settlement that will cover his needs and help him live as independently as possible given his ongoing limitations. Marc has done extremely well in his recovery and whilst this emphasises the fact that recovery and rehabilitation can continue for many years post injury, in Marc's case his progress has also been due to his own determination and the fantastic support of his family."

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