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Published On: August 17, 2023 | Blog | 0 comments

£2.5 Million Settlement for Neurological Injuries suffered in Serious Road Traffic Accident

Circumstances of the Accident 

I was pleased to conclude a case recently for my client, age 31, who was involved in a serious road traffic accident on 25 December 2019. As he left the pub celebrating the festivities, a fight was ongoing outside. On crossing the road to get away from the fight, my client was hit by a driver passing by. It is believed the driver may have been distracted by the fight.  

The vehicle involved was a Range Rover and it caused considerable physical damage to my client. Upon impact, he was thrown 40 yards down the road and sustained multiple injuries including substantial brain damage. Liability was contested on the basis that my client failed to look and had been intoxicated at the time of crossing the road.  


Life Changing Injuries 

My client was taken to hospital where he remained an inpatient for two months for treatment of skull fractures, subarachnoid haemorrhage and hydrocephalus. He also suffered a seizure. On account of the serious neurological damage suffered, my client was repatriated to be closer to his family in the North of England and admitted for an extended period of inpatient neuro-rehabilitation.  

Upon receipt of expert accident reconstruction evidence it was apparent that the collision was avoidable had the driver seen my client and slowed as she ought to have done. On agreement between the parties, there was a discussion between Leading Counsel on the issue and liability was compromised two thirds in favour of my client.  

Court approval of the settlement was necessary on account of my client being a protected party. Proceedings were issued in the High Court and approval of the liability settlement was duly granted in the best interests of my client. When matters reach this level of complexity it is imperative that you have an experienced and competent legal team representing you 

My client’s personal circumstances were unusual as he had just returned to the UK following several years abroad. Without having re-established himself, he was unemployed and did not yet have somewhere secure to live. The Covid 19 Pandemic followed shortly after the accident, and sadly there was very little support available via statutory services.  


Progress after Life Changing Injuries  

Instructing a case manager is a key step, as is obtaining interim payments which enabled him to move to privately rented accommodation. The case manager established a care regime and my client benefited from a range of treatment and therapies including neuro-physiotherapy, neuropsychology and speech and language therapy.  

Over time my client made considerable gains and recovered to the extent that he was available to hold down a volunteering position with assistance from his support worker and he delivered motivational speaking sessions to those in a similar position.  

In light of my client’s extensive incapacity, it was necessary to obtain expert evidence across a range of disciplines including neurology, neuropsychology, neuro-ophthalmology, neuro-physiotherapy, speech and language therapy, care/occupational therapy as well as Court of Protection evidence.  

Of particular interest in this case was a dispute concerning my client’s life expectancy, however after extensive argument, the Defendants adopted a more moderate approach which enabled settlement to be considered.    

Following a joint settlement meeting attended by Leading Counsel, it was agreed that my client would receive £2.5m in damages, net of his contribution of one third. The gross lump sum was therefore £3.75m which the Court subsequently approved in full and final settlement.  

I was pleased to assist my client at the most difficult time of his life. The interim payments went a long way to assisting my client’s rehabilitation and providing the stability he needed. In addition, I was very happy that the support of my client’s family was recognised by the Court, as was my client’s own determination to overcome his injuries. The final award offers my client a future beyond his accident and will go a long way to providing for his ongoing needs. 

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

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