Insurance Defense Home’s failure causes disabled resident additional harm

Insurance Defense Home’s failure causes disabled resident additional harm

The female Claimant, 30 at settlement, had severe pre existing learning difficulties and epilepsy. In summer 2005 she became a resident at a house run by the defendant company. While providing them with a degree of independent living, the residents still required specialist care and the company provided live-in carers.

The claimant needed to wear a helmet to protect her head when she suffered drop seizures and it was the responsibility of the carers to ensure that she wore it securely at all times.

  • Category:Personal Injury Claim
  • Date:January 28, 2021
  • Client:Kevin Dann
  • Website:www.carinjurynj.com

  • About This Case

    The Claimant had a fall on the stairs of the house on 5 December 2005, her helmet was not properly secured and she suffered a brain injury. The claim was complicated by the fact of her high pre existing dependency and therefore the extent to which the cost of any ongoing care and support needs would have existed before in any event which limited the overall value of the claim. I​​nitially the defendant’s insurer put forward a lump sum offer to settle of just over £1.1 million. However, after demanding a periodical payment offer, the defendant then offered a lump sum of £220,000.00 plus CRU benefits plus periodical payments of £32,500.00 per annum increasing on the 80th percentile of ASHE.

    The offer was accepted and approved by Master Eastman on 5 December 2011 in the RCJ.

  • Challenge

    A personal injury lawyer handling a case involving a home's failure causing a disabled resident additional harm could face the following challenges A personal injury lawyer handling a case involving a home's failure causing a disabled resident additional harm could face the following challenges to Potential for high damages: If the resident has suffered significant harm, the responsible party may resist paying a high settlement or award, which could make the case more difficult to resolve.

    • Proving causation
    • Establishing liability
    • Overcoming legal defenses
    • Documenting damages
    • Navigating complex regulations
    • Jury bias
    • Potential for high damages

  • Our Process

    • 1. Investigation

      Gather information about the incident and determine the responsible parties.

    • 2. Client Assessment

      Evaluate the client's specific needs and gather evidence to support their case.

    • 3. Demand Letter

      Draft a demand letter to the responsible parties, outlining the compensation the client is seeking.

    • 4. Negotiations

      Attempt to reach a settlement with the responsible parties, either through negotiations or alternative dispute resolution methods.

    • 5. Filing a Lawsuit

      If negotiations are unsuccessful, the lawyer may file a lawsuit on behalf of the client.

    • 6. Discovery

      Gather evidence and take depositions to build the case.

    • 7. Trial

      Represent the client in court and present evidence to support their case.

    • 8. Settlement or Verdict

      Reach a settlement agreement or obtain a verdict in court, seeking compensation for the client's harm and losses.

  • Result

    I​​nitially the defendant’s insurer put forward a lump sum offer to settle of just over £1.1 million. However, after demanding a periodical payment offer, the defendant then offered a lump sum of £220,000.00 plus CRU benefits plus periodical payments of £32,500.00 per annum increasing on the 80th percentile of ASHE. The offer was accepted and approved by Master Eastman on 5 December 2011 in the RCJ.