The courts are often called upon to sanction treatment for patients whose ability to make...
Brave and determined road accident victims often make remarkable recoveries even from the most serious injuries and go on to achieve great things in life. However, as a case concerning a talented artist showed, such success need not lead to the sacrifice of compensation rights.
The man was in his 20s and studying for a masters' degree in fine art when he was struck by a stolen moped as he crossed the road. The severe brain injury he sustained had not prevented him from forging a very successful artistic career, exhibiting his works around the world. After he launched proceedings, the moped's insurers admitted their liability to compensate him.
In disputing the amount of damages due to him, however, the insurers pointed to his outstanding success. They asserted that his award should reflect not only the very good recovery he had made but also the extent to which he had managed to stem his financial losses arising from the accident.
Ruling on the matter, the High Court found that, due to the accident, he suffers from intrusive and often entirely debilitating headaches up to four times a week. He also has difficulties with memory, concentration and fatigue. In awarding him more than £3 million in compensation, the Court was satisfied that, had it not been for the accident, he would have attained a more prolific artistic output and even greater success. He had therefore suffered a lifetime loss of earnings.