UNIVERSITY NAME

By

Student Name

ANIL V CALLUM

Course title

Lecturers Name

Name of Place

Due Date (Day/Month/Year)

ANIL v CALLUM

The road traffic act 1988 dictates the alcohol limits under which an individual is supposed to drive. In this case between my client Anil Kumar v Callum, there arises a case of careless driving under the influence of alcohol. The aftermath of the fateful accident that occurred on 7^th March 2018 has been extremely painful both psychologically and physically for Amil. It is high time we come to a consensus and find justice for my client in the shortest time possible. Before getting started it is crucial o first ask ourselves, “What next for the broken dreams and aspirations of this young man?

Anil was born on 14^th Feb 2001 and was only 18 when he encountered the fateful accident. He was a young, talented individual who displayed excellent academic progress and outstanding performance in football. Anil’s school report and academic test scores indicate that he was in line to follow an academic route but based on his sporting ability there was also a high chance of him progressing to a professional career in football. His coach had high hopes in him naming him among the 4 top players that held the future of Birmingham football club. The coach had on several occasions selected him for the first team of Birmingham football club despite his young age. The coach held the opinion that based on his brilliance performance, he was likely to qualify for England under 21 players.

Anils’ ambitions and aspirations stretched further as he told one of his teachers that he aspired to become a chartered accountant. His strong academic results displayed great potential as he attained 10 A* GCSEs and was predicted to achieve 4 A*s for his A-levels. Anil’s IQ was at 120 before he encountered the fateful accident.

Accident

On 7^th March 2018 about 11:20, Anil suffered from a devastating accident that changed his life forever and put a halt to the once-promising and talented young individual. Mr. Callum had just overtaken another car and was clearly at a high speed in addition to being under the influence of alcohol. Anil was a careful rider who took all the necessary precaution measures and was just about to turn right to his home. According to the Road Traffic Act 1988, Anil had no-fault, and based on his little recollection, he remembers having fastened his helmet properly¹. Basing the argument on the impact of collision and the speed Mr. Callum was driving at, the fastening must have broken and the helmet came off before Mr. Anil falling to the ground. Empirical research conducted on different helmets shows that there is a high likelihood of a helmet coming off especially if a fast-moving object hits a stationary object as compared to moving motorcycles². It is, therefore, crucial to note that the helmet coming off was not a result of negligence but based on the collision between a fast-moving range rover and a stationary moped.

This was solely a case of reckless drink driving that robbed off a young talented individual of his dreams and quality life.

The aftermath of the Accident

After the dreadful accident, Mr. Amil had to spend 6 months as an inpatient at Birmingham City Hospital unconscious for most of the duration.

Anil now suffers from retrograde amnesia and now has a 5% risk of post-traumatic epilepsy.

Anil now requires constant 24 hours care and has no future career and job prospects.

His memory is now impaired and his IQ has now lowered by 60points following his head injuries.

Anil now is slow with impaired memory denying him the ability to perform his normal responsibilities.

Following the accident, Anil’s two lower vertebrae fractured and he now cannot lift heavy weights, stand or sit or walk for long.

Compensation Claim

Anil has immensely suffered both psychologically and physically and does not wish for further escalation of the matter in a legal proceeding unless as a last resort. As compensation for the suffering the incident put him through, we have come up with the following claims;

£ 180,000 as compensation for pain and suffering. This includes the spinal injuries and head injuries sustained from the accident. In addition, the amount acts as compensation for loss of amenities including Quality of life.

Mr. Anil has spent 6 months at Birmingham hospital, unconscious for most of the time. As a direct result of the accident, Anil sustained serious injuries at the back, head and also suffered brain damage. As a result of the accident, his memory became impaired and analysis showed that his IQ dropped by 60 points. To date, he has continued to suffer both physically and psychologically. Based on the immense suffering, it is just that he is compensated for the quality-adjusted life years and the severe loss of amenities as per the Road Traffic Act of 1988³. As compensation for the loss of amenities alongside the immense pain and suffering Mr. Anil has had to go through, we claim compensation of £180,000.

£180,000 to cater for the cost of care currently and in the future.

The accident had a more severe effect on Mr. Anil. Despite being able to walk, his lower vertebrae were fractured and he can no longer perform strenuous activities or even sit for long. Mr. Anil also suffers from retrogressive amnesia and a 5% chance of post-traumatic epilepsy. His personality has also greatly changed due to the head damage and is now susceptible to being easily lured to negative conduct. All these effects are aftermaths of the dreadful accident caused by Mr. Callum. Now, Mr. Annil requires 24 hrs. care since leaving him alone could turn out to be disastrous. We thereby seek compensation of £180,000 to carter for the current cost of care and also the future cost of care which Mr. Anil will require throughout his life.

£400,000 to carter for a new house with aids and adaptations to support the claimant with his disabilities. The house also needs to contain four bedrooms and two bathrooms to accommodate Anil and two careers

As compared to the past, Mr. Anil cannot perform his daily activities and now requires the consistent assistance of caregivers. Due to his susceptibility, it will be crucial to living in a place that meets his needs and supports his disability. Mr. Annil has retrograded amnesia, a low IQ, and a 5% chance of post traumatic epilepsy, all these factors considered, it would be dangerous leaving him alone and he would require 24hrs care from careres. This necessitates a new house which will have 4 bedrooms and two bathrooms to cater to his needs and also accommodate the caregivers.

£6,000,000 as compensation for the loss of future earnings as a professional footballer. Mr. Anil had a promising future in his football career. He had already started featuring in the first team of the Birmingham football club at only 17 years old. His coach had complete trust in him and classified him among the best players for the team that held the future of the club. His coach also had faith that he would have featured in the under 21s England national team. It is evident that Mr. Anil was very talented and he would have become a professional football player if he had not encountered the accident. We thereby seek compensation equivalent to £6 million as compensation for loss of future earnings as a professional footballer.

£100,000 as compensation for amounts Mr. Anil has so far incurred in legal fees and in accessing other reports. So far, Mr. Anil has incurred £100,000 in legal fees and related costs covering medical reports, and other expert reports crucial for this case. We, therefore, seek compensation for the legal costs incurred to put up this case.

References

Rix K, ‘Blood Or Needle Phobia As A Defence Under The Road Traffic Act 1988’ (1996) 3 Journal of Clinical Forensic Medicine

Yu W and others, ‘Effectiveness Of Different Types Of Motorcycle Helmets And Effects Of Their Improper Use On Head Injuries (2011) 40 International Journal of Epidemiology