A student, who was run over in September 2003 and left for dead,
has been awarded over £8.5 million in compensation by the High
Court. Field Fisher Waterhouse LLP represented Adam Wakeling who
was 17-years-old at the time of the accident.
Adam was cycling home from his girlfriend’s house in Hackney,
when he was run over by Michael McDonagh, an uninsured driver.
McDonagh was speeding and under the influence of crack cocaine. He
did not stop, but drove away after hitting Adam and later abandoned
the car.
As a result of the accident, Adam needs 24-hour care. He
suffered significant brain damage, spinal injuries, and has lost
functionality in his lower limbs and right arm. Adam can no longer
communicate verbally.
Paul McNeil, a personal injury lawyer at Field Fisher Waterhouse,
acted for Adam. He brought the claim against Michael McDonagh and
the Motor Insurers’ Bureau (MIB). The MIB compensates victims of
negligent and uninsured motorists, so assumed responsibility for
this claim.
The MIB contested the level of compensation sought for Adam on
two grounds. Firstly, that the accident was partly Adam’s fault and
so the total amount of compensation should be reduced by 25% due to
contributory negligence. Secondly, that Adam did not need as much
care as was requested and so the compensation should be reduced
accordingly.
The MIB lost on both counts and the judge awarded compensation
based on the level of care recommended.
Paul McNeil said: “Adam was a bright
young student who was expected to excel in his A-level exams. We
are happy to have recovered a level of compensation that will mean
that he receives the care he needs, to have the best possible
quality of life he can following this devastating accident.”
Elizabeth-Anne Gumbel QC and Henry Witcomb of One Crown Office
Row were counsel for Adam.
For further press information please contact:
Louise Eckersley,
PR Manager on +44 (0)20 7861 4120