Pinsa Wessex

[landyhubbard]

I have just read, with increasing anger, the piece in August's YM about the award by Pains Wessex insurers to Duncan Wells who was the victim of an exploding flare which was subsequently shown to be faulty. 1.3 million pounds may sound a lot, but this is a man who has had his livelihood and his health destroyed, a man with a young family to support who should have been looking forward to many years of activity, who has endured unimaginable pain, and will continue to suffer indefinitely. 1.3 million invested will bring a relatively modest income but is harly adiquate compensation for the suffering he has faced and will face in the future. Pains Wessex hide behind the excuse that it is nothing to do with them, but down to the insurers. I do not know if this is the sort of sum that personal injury claiments can expect in these circumstances, but it makes me determined never to buy any products from this bunch of snivelling s**ts ever, ever.

 

[Talbot]

While I sympathise with the thrust of your post,

I have some difficulty with the statement "1.3 million invested will bring a relatively modest income " even at 5% this will still give a salary of £65k/annum, and if you reckon this is a modest income, I would like to earn what you would call a good one!

Furthermore, I deplore the US court awards and believe the obscene amounts granted under that scheme help yo undermine society as a whole. I would hate to think we would end up with a similar system, but there are definite signs that that is the way we are headed.

 

[jhr]

Like all companies, Pains-Wessex are in the hands of their insurers, and will have little input as to the amount of any compensation. If they remonstrate with the insurers they may well find it difficult to get product liability cover with anyone - they are probably finding it difficult enough anyway.

I'd reserve my opprobrium for Zurich, with whom I will never insure, and also Weightmans Solicitors. Go to this web page and scroll down to 31st May. /forums/images/graemlins/mad.gif

 

[Richard10002]

£1.3 million invested is enough to never have to work again.

Invested in property, it could generate about £45K p.a. after costs and before tax, and the capital would also grow in the long term.

The guy has possibly lost everything and, at the same time, gained everything. I'm sure he would rather it hadnt happened.

 

[Skyva_2]

Re: Pains Wessex

Take out £350k medical expenses to pay first, and any future medical costs (not quantifiable) and it may not look so attractive.

 

[peterb26]

Its a tragedy but I also think that 1.3m is sensible compensation.

You could put it into Sainburys internet account and get 6.25% before tax - so that would mean a monthly "take home" nett pay packet of £4,500 each month.

But as has been said - I'm sure he'd rather it hadnt happened as you cant buy health.

 

[Chris_Robb]

I understand that £350,000 was recompense for medical costs - presumed actually spent. so income based on £950,000.

If inflation continues at the current effective rate - assuming he has a mortgage - the RPI is now standing at 4.6%. this would mean his savings would be effectively halved in 14 years. so the longer term is not so good.

 

[fireball]

If I had £950,000 in compensation I wouldn't have a mortgage ... unless I could find somewhere to invest it that would give me a net gain.

Breaking it down - 1.3mil doesn't stretch that far in the way of luxuries, but certainly covers the average spend. It would take the average wage earner a long time to reach 1.3 mil or even 950,000 ...

Money doesn't buy his life back but compensation should mean that he doesn't suffer financially because of the injury - putting a cold view on it - it should give him at least expected income + expected cost. Anything over that is the "we're sorry" payment. Perhaps he should've got more, perhaps not ...

 

[DRANNIE]

I am afraid none of it is that simple. Basics of compensation in this country.

General Damages= Pain suffering and loss of amenity. Eg if you lost a leg the pain and discomfort etc. These awards are low, and are set through court precedent and reference to the Judical Studies Board Guidelines. Awards are very modest. A severe spinal injury will rarely be worth more than £200k

Special Damages:- This is the majority of the claim and is calculated as past and future financial losses. past loss might include loss of earnings, care provided by relatives, medical and other expenses. Care is discounted from commercial rates if given voluntarily. Future loss is based on annual sums for specific heads of loss. For a severe permanent injury maybe care, aids & equipment, housing/adaptations, loss of earnings, medical expenses including further surgery, and therapies such as physiotherapy. The annual figures are then multiplied based on projected life expectancy and with reference to the appropriate Ogden tables which are actuarial tables. There has been some recent debate on the factors for increasing care costs where payments are made annually (periodical payments) rather than as a lump sum and whether it should be RPI. care /forums/images/graemlins/blush.gifcosts currently far outstrip RPI and ASHE11 has been approved in a number of test cases although these currently subject to appeal.

In essence, (i) It isn't as simple as Zurich are stingy or Weightmans are gits, (ii) The basic principle of compensation in the uk is that you are put in the position you would have been in but for the negligence. Damages thefore vary massivley based on age, life expectancy, level of disability,residual earning capacity and original employment.

Hope that clears that up.

 

[copterdoctor]

I may be wrong but my understanding is that the majority of these $stupid awards we read about never get paid. The jury make awards designed to punish but on appeal the legal people injuct some normality (probably still big payouts)

 

[DuncanWells]

Dear All,

I am the Duncan Wells you are writing about. Awards are a very emotive subject simply because what appears to be a lot of money to one person is not necessarily so much to another. I did ask Yachting Monthly to make quite clear that the award of £1.3 million pounds had to have £350,000 worth of private medical expenses taken off it. So the actual cash award was £950,000. This they did in the body of the article but of course not being a journalist I didn't think they'd grab it for the headline. Well, never mind but it has generated controversy, as this forum bears out.

One might ask why I had to have £350,000 of private medical expenses, was I lording it in a priveleged suite, with hosts of lovelies pandering to my every desire ? Alas no. Once I was let out of Intensive Care - after 4 months - I required the sort of medical attention and staffing that an NHS ward could not provide and that only the private part of the hospital was geared up for.

So you must remember that the only benefit I get from the payout is the cash element after the medical expenses of the past (£350,000) have been accounted for - £950,000.

As to standard of living, well we had a very high standard of living prior to the accident.

I read that someone had made calculations about what sort of return the award might give us. I am sorry to say that this is a long way short of the sort of earnings that we have been accustomed to. So the award will not keep us 'in clover' for the rest of our lives. I will have to work, or try to to earn money to keep us at our previous standard of living. I don't mind if we have a drop but I would rather not. As I said money or amounts differ depending upon who is looking at them.

For my part I am disappointed that having had a life changing accident, I did not get a life changing sum of money. Added to which the manner in which we were treated by the other side was certainly an eye opener to me.

But the true glory of the whole episode is the loyalty that I have been shown by my friends and the enormous love that they have expressed. David Speed saw the accident. He was filming it and after I had been packed off in the ambulance and he was left with the detritus of our 'flare filming' in the field around him, he thought to himself "What should I do ?" and asked what I would have done if the situation had been reversed. David came to the conclusion, most generously I thought, that I would take over his life and sort everything out. So that's exactly what he did. He took over my life and sorted everything out. A quite extraordinary display of unconditional friendship. I will always be in his debt, or rather I won't because friendship is free.

We are writing the book and looking at all sorts of projects, from new ways of signalling an emergency without pyrotechnics to looking at the law of tort, for others that will follow me. So that's it. Forget £1.3 million and remember £950,000 - better than nowt as they say !

All the best

Duncan Wells

 

[Neddie_Seagoon]

[ QUOTE ]
Furthermore, I deplore the US court awards and believe the obscene amounts granted under that scheme help yo undermine society as a whole. I would hate to think we would end up with a similar system, but there are definite signs that that is the way we are headed.

[/ QUOTE ]

Once I would have agreed with you, but these days I think that punitive cash damages are the only realistic way of holding some corporate and state bodies to account. We need to see class actions and punitive damages entering the UK legal system to improve suppliers understanding and respect of liability, social harm, and contractual obligation.

What price a class action with punitive damages against the NHS for their gross mismanagement of hospital hygiene, and the resultant suffering and death of too many to MRSA, Clostridium Difficile etc.? I think the Gov't would soon clean up its act faced with such a threat.

Personally I think the award Duncan Wells has received is rather paltry, certainly my insurers would be obliged to pay out rather more if I could no longer execute my current employment due to illness or injury, before any question of compensation is taken into account.

 

[Richard10002]

read and understood. 10 out of 10 for posting about such an emotive experience.

Good Luck with whatever you are able to do in the future.... if it's boating related, stick around.... we're generally a nice bunch, if somewhat poorly informed, and quick to jump to conclusions.

Cheers

Richard

 

[FullCircle]

Duncan, your accident and progress was followed very closely on here, due to the dedication your friends and family put into keeping us here informed.
A lot of us also followed the 'mechanical' part of your story, i/e the recall of the flares etc.
It is with enormous relief and no small amount of wonderment that you have not only made it back - but that you are able to post yourself under your own name. Bloody marvellous indeed.
I hope that this wont be your only visit to this place - it has a host of decent folk bonded by our love of the sport we are married to, and i am sure you find much to commend the community.

The award is between you and the gatepost, but I hope that you and your family are able to return to some level of normality.

Best wishes

Jim

 

[Duffer]

Re: Pains Wessex

Hi Duncan,

Welcome to the forum and thank you for your post and blog. I'm glad you are making good progress after your horrific accident and that you have received a substantial compensation payment even if it is not as big as you might have hoped. I am sure you were right to accept the offer rather than risk the delays and uncertainties of protracted litigation.

I'm sure everyone on this forum will wish you all the best for the future and I hope you can get back to living as normal a life as possible, as soon as possible.

Regards

 

[DuncanWells]

Re: Pains Wessex

Thanks to everyone for your very kind words.

All the best,

Duncan

 

[Phoenix of Hamble]

Very moving...... You are indeed lucky to have friends of that sort.

And i'll 'third' the motion, that its a delight to see you posting on here.....
I'll admit to fearing the worst when your 'story' first broke.

So welcome to the forum... its a grand place for those that love boats and the sea to meet.

FWIW, I don't think £950k is enough either....

 

[DuncanWells]

Duncan Wells here, just letting you know that I have restarted the shore based arm of Westview Sailing - the sailing school of which I am the principal and for whom we were shooting the DVD when I got blown up.

We are running a 7 evening and one weekend Day Skipper course starting Monday 16th October at BCUC in Bucks. If anyone might be interested in taking a place then please call on 01753 890555 or email info@westviewsailing.co.uk. Thanks again for your support.

Duncan