Passenger left disabled by crash gets £8m payout

Lukasz Borowski, 27, of Featherstone, near Pontefract, was critically injured when a car in which he was a backseat passenger crashed into a ditch.

A settlement hearing at Newcastle High Court yesterday agreed a care package for him worth nearly 10.5m although a reduction of 20 per cent to 8.35m was accepted as he was not wearing a seatbelt at the time of the accident.

Mr Borowski, who is wheelchair-bound for life, also needs round-the-clock care and will never work again.

A year after arriving from Poland in the hope of finding work as a chef, he was travelling to a fruit and vegetable packing plant in Cambridgeshire when the accident occurred in November 2005.

The driver, who was not insured, lost control of the vehicle and crashed into a deep ditch at the side of the road.

Mr Borowski was airlifted to hospital by helicopter with catastrophic injuries.

Last night he said he was pleased the settlement had been finalised. He has received years of treatment for his injuries, including many months of specialist care at the Northern General Hospital in Sheffield.

He and his wife Ela, 30, have recently moved into a specially-adapted bungalow in Featherstone and are looking forward to the birth of their first child in the spring. "I need somebody to spoil," he said. "I will be able to give some of the things that have been taken away from me to somebody else."

His lawyer John Davis, of injury specialists Irwin Mitchell, said the settlement was calculated to reflect the devastating impact of the crash on his life and to provide for long-term care needs.

"Mr Borowski's life was changed forever in an instant as a result of a crash that was not his fault," he said. "He will be wheelchair-bound for the rest of his life but cannot move himself and needs help with almost all aspects of daily life – he'll never work again."

In the accident, Mr Borowski sustained damage to his spinal cord as well as a fractured spine, and was left brain damaged when the broken vertebrae blocked the supply of oxygen to his brain.

The payout was made by the Motor Insurers' Bureau which protects the injured victims of uninsured negligent drivers.

Mr Davis added: "This case underlines the devastating impact that careless road users can have. They are not only risking their own lives but can have a shattering effect on the lives of others, too.

"Mr Borowski's injuries are not just physical. He shows signs of a changed personality, suffers memory problems, attention deficit and a lack of concentration. He is bright and intelligent, and can be charming and considerate, but also suffers from rapid mood swings.

"This money will go towards ensuring he is given the best possible care."

The sum was calculated with the assistance of healthcare experts to reflect accurately what Mr Borowski will need to keep him as well cared-for.

Mr Borowski added that he thanked all the medical teams which had helped him as well as his carers and his family for their support.