A story that appeared in the media yesterday has served as a reminder of the role of compensation and the ways it can help accident victims rebuild their lives after a car accident burdens their prospects forever.
On Thursday, the Daily Express reported the largest personal injury compensation payment the UK has ever seen, awarded to 39-year-old Manny Helmot, a former Commonwealth cycling champion from Guernsey.
Mr. Helmot was on a training trip in November 1998, the same year he competed in the Commonwealth Games in Kuala Lumpur, when he was knocked off his bicycle by a car and suffered catastrophic injuries. He suffered such severe brain damage that to this day, twelve years later, his cognitive abilities are severely impaired, his memory and judgment are impaired, and he is unable to use his right arm, drive a car or ride a bicycle. He is also registered as blind due to the double vision he has suffered since the accident.
It was revealed yesterday that he had been awarded £ 13.7 million, dwarfing the previous record of £ 11 million, which was awarded earlier this year to Wasim Mohammed, of Walsall in the West Midlands, after being paralyzed in a car accident that was attributed to his friend.
Part of the reason for the size of the award is that Guernsey does not have the same legal provision to pay compensation in installments as the rest of the UK. The main motivation behind this, however, is the extent of Mr. Helmot’s injuries.
In addition to the physical problems mentioned, he also suffers from an undisclosed psychotic illness as a result of the drugs administered to him after the accident and other psychological problems.
The payment equates to approximately £ 350,000 per year for the rest of Mr. Helmot’s foreseeable life, whose expectation has been lowered due to his injuries. An initial figure of around £ 9 million was decided, but following appeal by Mr Helmot’s caretakers, his mother and partner, it was increased to just £ 14 million.
This figure will be found with the driver of the car that hit Mr. Helmot, Dylan Simon, who was speeding when he collided with the 28-year-old’s bicycle. He was convicted of dangerous driving and both he and his insurers must pay compensation to each other.
Ms. Helmot’s mother spoke of her joy at the award.
“All the money will go into a trust to support Manny for the rest of his life,” he said.
“The size of the award is very large, but it should last for Manny’s estimated life, which is another 40 years or more, hopefully.”
“Manny needs 24-hour care from a team of caregivers and the only way we could have confidently allowed it was to earn this appeal.”
She added: “We are really delighted. The extra money will make a difference. His life was ruined, but at least now we can afford to give him the care he needs for the rest of his days.”
The message boards for this article online contained the usual polar views, from people who said the award was “obscene” to readers who thought it was not big enough.
A commenter, in response to the article, which contained a photograph of a fit and healthy Mr. Helmot on his bicycle, and a more recent image showing the same man with his arm in a sling and his right eye permanently closed, said: ” The Difference in the two photographs without knowing this young man I say it all. The judges do not award on a whim. If the young man on the bicycle were asked which one he would rather be? We all know the answer. “
This is a very valuable point. Compensation is often viewed negatively by those who don’t really seem to understand its purpose. This award has not been awarded so that Helmot can buy a Porsche or send it on vacation.
The man needs 24-hour care from his devoted mother and stepfather, and without the NHS, from which Guernsey does not benefit, to fund his care, this award suddenly seems more reasonable. The article simply addresses what exactly “24-hour care” might entail: Specialty care equipment is expensive, as are nurses and respite workers, therapists, and so on.
Detractors also ask why the amounts awarded to Mr. Helmot are so large compared to the military and members of the security forces if they are injured. The answer is brutally simple, no matter how clinically the obvious seems to be: these men and women implicitly recognize the dangers of their vocation when they enter the Army, Navy, Air Force, and Police.
They are different from a man who was a civilian who trained to represent his country by doing something he loved, and whose life-changing injuries were not created by himself.
