Guernsey’s largest personal injury settlement

A 20-year-old man left paralysed after a road accident in Guernsey has recently received a record-breaking £23,000,000 in damages following an out of court settlement.

The Plaintiff was a passenger in a car driven by the Defendant in December 2021 when the Defendant lost control and crashed the vehicle. The Plaintiff suffered a complete spinal cord injury, leaving him with life-changing injuries, requiring emergency treatment and intensive specialist rehabilitation in the UK.

The level of damages reflects both the seriousness of the injury and also the youth of the Plaintiff. An injury of this extent severely limits a young person’s ability to work in the future, and therefore the sum agreed will account for the fact that the Plaintiff will not be able to have the same earning capacity as he would have done had he not been injured.

As personal injury awards are designed to be a one-off payment in compensation for the injury suffered to the Plaintiff, the level of damages will also give provision for lifetime care requirements. Local news outlets have reported that the Plaintiff was also paid an advance in order to cover initial rehabilitation costs and facilitate the provision of adaptive housing.

Guernsey has not seen damages to this extent since the case of Simon v Helmot [2012] UKPC 5, which went to the Privy Council in 2011. The Plaintiff, cyclist Manuel Helmot, was awarded £14,000,000 by the Court following a crash during a training ride. The Privy Council conducted an in-depth review of the damages to be awarded and how best to calculate them, particularly considering the appropriate discount rate (which has not yet been agreed in Guernsey).

Ferbrache & Farrell LLP did not represent either party in these proceedings, nor were we involved peripherally.

This article forms the first instalment of our new personal injury series, where we will shed light on personal injury claims in Guernsey and how we can help if you have been injured as a result of someone else’s injuries.

Please contact Robin Gist, Charlotte Tomlinson, or Rebekah Johnston, or your usual contact at Ferbrache & Farrell, should you have any queries or for any advice on this issue.