News & Events

£3.2 MILLION RECOVERED FOR BRAIN INJURED BOY

Martin Pettingell recently settled a claim on behalf of young man who suffered a severe brain injury in a car accident when aged only 9. The claim took many years to conclude where evidence suggested that the claimant's disability as against his peer group was intensifying as he grew up.

Martin worked with a specialist paediatric occupational therapist during the long and ongoing rehabilitation process in addition to the normal case management and Court experts. Even after many years his long term care need remained uncertain.

Matters where further complicated where there were no less than three insurers involved. The parties considered the suitability of a periodic payment order but in the end the matter was compromised upon payment of a lump sum of £3.2 million thereby giving our client flexibility in respect of his future care needs.

Martin will also be appointed the Client's Deputy in order to manage his property and affairs and will be working with his parents in providing for his future.

Royal Marine receives in excess of £3 million

A Royal Marine was knocked off his bicycle and suffered serious brain damage. The documented issues included an argument over use of a cycle helmet. Compensation recovered included cost of accommodation and 24 hour care for life. This is the leading Court of Appeal case relating to the effect of statutory provision on entitlement to damages.

Lorry driver receives £1.4 million

A lorry driver suffered paraplegia when a vehicle tipped over due to an unstable load. The defendants argued that excessive speed was the main cause of the accident. We recovered £1.4 million for the claimant and also fund managed in-house until the claimant returned to his native homeland of New Zealand.

A Child receives £3.7 million

We acted for a 9 1/2 year old child who was hit by the wing mirror of a van. The driver of the van stated it was our client's fault for stepping into the road. Once at trial, liability was awarded 100% against the van driver. The van driver appealed to the Court of Appeal but lost the case.

Davis v Schrogin

We successfully defended an appeal to the Court of Appeal in June 2006. The case is of significance because the Court of Appeal confirms there is no general rule that when a motorcyclist is overtaking a stationary queue of traffic and another party pulls out of that queue and collides with the motorcyclist that the motorcyclist must accept some fault. The case has been reported in Butterworths Personal Injury Law Service, on Lawtel and an article on the case and its consequences was published in The Motorcycle Action Group publication The Road in November 2006.

Brain injured Child receives £630,000

We acted for a 8 year old child who was knocked down by a car while buying an ice cream. He suffered severe injuries, including a brain injury. As a result of his brain injury he developed a rare psychological condition know as dysmorphophobia (he believing his head was misshapen) as a result of the accident.

TEAM NEWS

Martin Pettingell and Nicola Heales - attended the Annual Headway Awards Luncheon at the Dorchester in December.

Headway UK is a charity that supports people with brain injuries and their families. Martin is Chairman of their Somerset branch.

Each year Clarke Willmott sponsors an award, for the Clarke Willmott Campaigner of the Year. This year the award went to Jersey’s Teresa Phillips.

Teresa played an integral role in a campaign to make it compulsory to wear a seatbelt while travelling in a back of a car on the island of Jersey

Clarke Willmotts guests included Prof Rodger Wood one of the countries leading Consultant Clinical Neuro-Psychologists, with the Brain Injury Research group at Swansea University.

The event provides a great opportunity to network with those at the forefront of neurological medicine and law.