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Accident Partially Your Own Fault? You Could Still Receive Recompense

If you believe that an accident was partially your own fault, you could be forgiven for thinking that compensation is out of your reach. As a High Court case concerning a catastrophically injured pedestrian showed, however, any such assumption may well be wrong.

In the early hours of the morning, the man, then in his 20s, grasped the door handle of a taxi in an attempt to get in. When the vehicle moved off, he fell under its wheels, suffering catastrophic head injuries. His cognitive abilities are profoundly impaired and he is cared for in a residential home.

After a personal injury claim was launched on his behalf, the taxi driver's insurers firmly denied liability for the accident. There was no dispute that the man had been drinking before he approached the taxi and he was alleged to be wholly or partially the author of his own misfortune.

It was acknowledged that, were his case to go to trial, there would be a risk of his claim failing altogether. Following negotiations, however, a £1.3 million lump-sum settlement of his claim was achieved. The Court gave its seal of approval to the compromise reached and expressed the hope that the money would help to improve his quality of life.

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