Mr Dhillon suffered very severe injuries in a road crash on 24 August 2002. He was driving as a front seat passenger with his friend. They had both been drinking. The Defendant drove on the wrong side of the road and a collision occurred. It was alleged against Mr Dhillon that he drove without wearing a seat belt and with somebody who was driving with an excess amount of alcohol.
The Claimant sustained a traumatic brain injury. He remained on a ventilator for a number of weeks and required brain surgery. His rehabilitation process was slow. He has never been able to return to work. He initially instructed another firm of solicitors who secured modest interim payments. As a result of this the Claimant was unable to engage in a proper rehabilitation programme. He transferred solicitors who confirmed the appointment of a case manager. An occupational therapist, physiotherapist and support workers were instructed. This enabled the Claimant to regain much of his quality of life. With assistance of the case manager and the interim payment alternative accommodation was also secured which was necessary as Mr Dhillon was living with his mother and brother which was causing family frictions, arising out of the harrassability caused by his brain injury.
Having established a suitable care regime it was possible to assess the potential value of the case. Difficulties arose concerning contributory negligence and inevitably the case was settled on a compromise basis. Initially, an offer of £500,000 was made prior to Irwin Mitchell being instructed. However, a sum which was approved by the Court in May 2009 the Claimant was awarded £765,000 plus periodical payments of £27,500 per annum making the capitalised value of the case worth £1.6 million.
Solicitor Colin Ettinger commented: "There were very real risks that the Claimant would be found substantially to blame for this incident as he wasn’t wearing a seat belt and was driving with somebody who he knew to be the worse for wear from drink. Nevertheless, a substantial award has been made which will assist in ensuring a decent quality of life."