£425,000 for brain injury and various fractures

03 April 2023

John* was in a vehicle involved in a road traffic collision. John suffered a brain injury and various fractures.

He was taken to hospital and had several operations to his leg and hand. After treatment he was discharged home to the care of his family.

Challenges

John needed many months help from his family with personal care and support. After this time, he was largely self-sufficient however he did have ongoing symptoms. For example, there was some pain in his leg which was particularly painful if he walked too far.

Following the brain injury, he was largely recovered but he was left with a subtle learning deficit and some memory problems. The neurological expert found that John was at an increased risk of developing epilepsy, and a small increased risk of developing dementia.

Support

We made early contact with the insurers and whilst they investigated liability for the collision, we got them to agree to fund the appointment of a specialist brain injury case manager. 

After their immediate needs assessment report, John began physiotherapy and had a vocational assessment. 

We also secured several substantial interim payments from the insurer, as John was initially unable to return to work, which also helped fund some of his other needs.

Outcome

After the police completed their investigations, the insurer argued John should bear a reduction in any settlement claim.  This was not accepted. 

When the evidence in support of John’s claim was complete, we began negotiations with the insurer.  An opening offer was rejected as being insufficient. 

John however was keen to resolve his claim on a final basis and move on with his life, and he eventually agreed an increased offer of around £425,000. The settlement will allow John to have future surgery, as well as giving him some financial security.

 

*Not their real name

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