£5.5m injury compensation payout

A 38-year-old mother left wheelchair bound after a crash on the M1 in 2002, has won £5.5m in compensation.

Maria Freeman of Hemel Hempstead, Herts, was paralysed after a van knocked her car off the motorway.

The High Court heard the driver’s insurers were paying her £2.3m compensation for her injuries but that sum did not include care costs.

On Monday, she was awarded £5.5m and an attempt to have the sum reduced because she received benefits was rejected.

Lawyers for Mrs Freeman successfully fought off an attempt to have her pay out reduced because she currently receives benefits from her local council.

No Guarantee

In an important ruling for those who suffer personal injuries, Mr Justice Tomlinson ruled that it was unfair to expect claimants to rely on local authorities for money when someone else’s negligence was to blame.

Barrister Richard Davies QC, for the insurers of the man held liable for Mrs Freeman’s injuries, had sought to have the pay out reduced by £1m as she receives £50,000 a year from Hertfordshire County Council to help pay for her care.

But Mr Justice Tomlinson said there was no guarantee that figure would remain the same in the future, and it would unfairly tie Mrs Freeman, 38, to Hertfordshire for the rest of her life.

The court was told that Mrs Freeman as a result of the crash was wheelchair-bound and unable to use her upper body.

“Fortunately she has survived the accident with all her cognitive and intellectual powers intact,” said the judge.

“She is an intelligent, strong-minded and self-willed person who is determined to live as normal a family life as is possible”.


Article courtesy of Stewarts Solicitors.