Personal Injury News
22 March, 2017
Leonie Millard, Clinical Negligence Solicitor at Forbes Solicitors, represented the first reported recipient of an increase in damages following a change to the discount rate applied to personal injury settlements.
In the case of LMS v East Lancashire Hospitals NHS Trust, the Claimant, represented by Leonie Millard, will now receive over £9million, an increase of over £5.5 million, in compensation. This was the first case to calculate the claim based on the new discount rate of -0.75%, which came into effect from 20th March. The previous discount rate had been in place for 17 years. In simple terms this means that claims, particularly in respect of future loss, will be much more valuable.
The Claimant, 10, was left with cerebral palsy following complications at birth. The case against the Royal Blackburn Hospital surrounded the method of delivery. A settlement figure had been negotiated, but was revised once the Lord Chancellor announced the change. This landmark decision will hugely benefit the claimant especially in a deal where she will receive 50% of her damages. There is an anonymity order prohibiting the disclosure of any name, address, picture or info intending to identify the Claimant or Litigation Friend.
Leonie Millard comments, "The benefit for the Claimant from the new -0.75% discount rate is immense. It vastly improves the long term future financial ability to meet her needs for the rest of her life, which is expected to be long. Her parents are comforted to know that there is funding to ensure that her needs are properly met when they are no longer around."
The change will have huge implications for high value claims arising out of cerebral palsy and brain injury, which invariably include substantial claims in respect of future care provision, loss of earning and accommodation.
The decision will have an impact on the NHS, but the Government has set aside money to fund this. It is an increase to damages, and not to the costs claimed by solicitors.
I have found all the staff and the solicitors that I have seen have been very kind, thoughtful and very helpful. I cannot praise them enough and I would not go to anyone else at all.
Easy, regular and relevant communications both written and orally.
The entire process from my claim being taken was dealt with in a highly professional and more importantly timely manner.
I have used Forbes when pursuing a claim for a friend, along with every other legal matter I have been involved in, both personally and professionally. I cannot rate Forbes highly enough.
My Solicitor always returned my calls promptly and set my mind at rest about all of my concerns. Thank you!
I was extremely happy with David Mayor. Absolutely excellent in every way. Thank you.
Very satisfied with everything. Very helpful would recommend you to my friends.
Robin Bower and his secretary were very easy to talk to and always friendly.
John was fantastic through the whole process giving clear, sound advice.
I was very pleased with the outcome and would recommend Forbes Solicitors to anyone in the future.
The legal process can be difficult, complicated and very testing. I was involved in a contested claim against 2 Defendants and Leonie helped me through every step of the way through to trial.
I am happy with the way things progressed, the service was professional, quick, and my solicitor Leonie Millard was very approachable and explained things well.
I approached John Myles when I was at rock bottom and felt that I had exhausted every possibility of proving my case.
The service I received far exceeded my expectations.
As a person who is unaware of the law, I never felt at anytime overwhelmed, as your dealings with me were clear and professional. This has been very much appreciated.
"I was very happy with the service provided by Forbes, the Solicitors always kept me informed and they were very prompt and practical."
"Really happy with the service provided, thank you!"
The service I received from Mr John Myles is second to none. Very many thanks John and I will be in touch on another matter
Very happy & delighted with the end result, a big thank you to Leonie
Leonie Millard is a brilliant solicitor who is always ready to help and go the extra mile