"The team at Irwin Mitchell has a ‘pre-eminent reputation’ for travel personal injury work"

Legal 500 (2016)

RTA in Holland

£1,070,000 for pedestrian knocked down by a car in Holland

Irwin Mitchell successfully represented a young man, Mr C, who at the time of his injury was working in the Netherlands. One evening, as he travelled home from work, he was hit by a car as he got off the bus. The car was driven by a Dutch national.

Mr C suffered fractures to his left ankle, right femur and pelvis. His right shoulder was dislocated. He also suffered a very serious brain injury. He was hospitalised in the Netherlands before being transferred to hospital in the UK where tests confirmed that he was in a vegetative state. He remained in hospital for several years after the accident as there were no suitable residential care homes in his area. As well as his severe mental impairment, he was severely physically disabled and developed epilepsy, calcification of his muscles and susceptibility to chest and urinary infections. He had to be fed by a gastric tube and had to be ventilated in order to breathe. He was rendered unable to communicate or do anything for himself and required round the clock care and assistance. His life expectancy was greatly reduced.

The driver’s insurers admitted liability (i.e. that their insured was at fault for the incident). There was a limit on the driver’s insurance policy as to the amount that could be claimed. Reports were obtained from a neurologist, a care expert and an architect. The claim required additional specialist knowledge as to the application of Dutch law. For example, in the Netherlands the Claimants level of awareness is a factor in determining the level of compensation that is recovered.

Following negotiations with the driver’s insurers, Irwin Mitchell was able to agree settlement of Mr C’s claim for £1,070,000.

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