Court awards crash victim £3.3m

The court heard that Mr Milligan now suffers bouts of anger and depression

A motorist who suffered horrific injuries after a stolen van hit his car head-on, has received £3.3m in damages.

Sean Milligan, 44, will require constant care for the rest of his life after the crash in Carluke, Lanarkshire, five years ago.

Banned driver Mark Lynch was under the influence of alcohol and driving on the wrong side of the road when the crash happened.

The compensation will be paid by the Motor Insurers' Bureau.

Lord Woolman, at the Court of Session in Edinburgh, made an award of almost £2.2m to meet Mr Milligan's future care costs.

The judge also ruled he should receive a high amount, in excess of £200,000, for his pain and suffering.

Robert Swanney, a senior partner with Digby Brown, helped argue the case on behalf of Mr Milligan's family.

He requires round-the-clock care, seven-days-a-week Lord Woolman

He told the BBC it was unusual for a case like this to come to court, because most are settled out of court by insurance companies.

"I personally deal with less than 60 cases, all of this level, but no more than 3 or 4 will ever be heard in any five-year period," he said.

But he said crash victims were still able to claim compensation in cases where the driver was not insured.

"We're very fortunate in this country that the Motor Insurers' Bureau, which is funded by members of the Association of British Insurers, is there to pay awards such as this," he said.

"Absolutely no-one in the UK goes unable to recover their compensation if the crash was caused by a motor vehicle.

"That's totally unlike America, where there are limits on compensation."

'Devastating consequences'

The court heard that prior to the crash, Mr Milligan had been described as a quiet, gentle and caring man who enjoyed photography and playing the guitar.

However, after suffering injuries to his brain, legs and a punctured lung, he now suffered bouts of anger and aggression.

He spent 28 weeks in a brain injury rehabilitation unit but still finds it difficult to concentrate, balance and walk.

He has also developed a low level of noise tolerance and finds it difficult to cope with any sudden sound, like a dog barking or a phone ringing.

Lord Woolman said the crash has had devastating consequences for Mr Milligan.

"That is demonstrated by the fact that he requires round-the-clock care, seven-days-a-week," he added.

Mr Milligan was driving a Nissan Micra in Carluke on 16 May, 2004, when Mark Lynch crashed into him in a Ford Escort van.

Lynch had been disqualified from driving.

He was later jailed for nine months for road traffic offences.