Belfast Telegraph

Accident victim to get £5m payment for brain injury

By Alan Erwin

A woman set to be awarded up to £5m for a brain injury suffered in a road accident should receive lump-sum compensation, a High Court judge ruled.

Mr Justice Gillen decided against an alternative periodical payment order due to the impact of an anticipated deduction in the payout for the victim not having worn her seatbelt.

Based on contributory negligence, her damages could be reduced by as much as a quarter.

The woman was injured in the accident at an undisclosed location in Northern Ireland in January 2006. She has been left with permanent neurocognitive deficits and is prone to faulty decision-making.

Although primary liability was accepted by the defendant, contributory negligence arose from the plaintiff's failure to wear a seatbelt at the time of the accident.

In a ruling made last month but only published yesterday Mr Justice Gillen set out the scale of award expected to be made.

The judge said: "I am able to conclude that a lump sum is more likely to be in the interests of this plaintiff."

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