Innovative settlement receives award nomination.

An innovative approach to settling a claim for a young man with head injuries has been approved by the Court. As a result of the settlement the injured man will have access to a substantial sum held in a Trust fund and further funding to enable him to access a programme of rehabilitation.

The man, who suffered head injuries in an accident when he was a teenager, was in his early 20's at the time of settlement of the claim. Evidence suggested that his health, social and financial circumstances left him vulnerable to exploitation and at risk of suffering further harm. He had been unable to access any rehabilitation while the claim was continuing because responsibility for the accident was contested.

 Medical evidence recommended that the injured man would have capacity to access the funds if he had suitable professional guidance and support. It was also agreed that the rehabilitation fund would be managed by professionals to ensure that the resources could be properly used for his benefit. The Defendants also agreed to pay a contribution to the costs of setting up the Trust and managing the Rehabilitation fund.

The unusual approach to settlement was supported by medical experts and counsel before being approved by the Court. Kim Daniells, who negotiated the settlement with the Defendants representatives, was subsequently nominated and short listed for a national Personal Injury Award for the innovative settlement. Speaking of the case she said "this case required a novel approach. The settlement provides an opportunity for the Claimant to start to rebuild his life with the support and encouragement of rehabilitation professionals. I am pleased that we were able to work with the Defendant's representatives to find this solution".