We have recently acted for a man who suffered a severe traumatic brain injury from a motorcycle collision.
The case history
The Claimant was riding pillion passenger on a friend’s motorbike in Dover, when the motorbike was involved in a head on impact with a car, causing the Claimant to be thrown a considerable distance down the road.
He suffered a severe brain injury, with extensive subarachnoid haemorrhage, subdural haematoma, cerebellar contusion and a midline shift. He also had skull fractures and soft tissue injuries.
He was at university at the time of the accident, studying Law, but he was forced to drop out. He has not worked since the accident.
After the accident, the Claimant experienced at least 2 manic episodes with psychotic symptoms.
He had significant cognitive impairments, with reduced memory, impaired concentration and difficulties with taking in information. He had balance problems. He had migraine headaches and dizziness. He had depression and anxiety. His family said that his personality had changed very noticeably, such that he was much quieter and found it difficult to display emotion.
Brain injury rehabilitation
We arranged extensive rehabilitation for the Claimant. The rehabilitation was overseen by a specialist brain injury case manager and included neuropsychology, occupational therapy and vestibular physiotherapy. This led to a noticeable improvement in his brain injury symptoms.
Evidence from experts
We obtained an array of reports for the legal case from leading experts, including a neurologist, neuropsychiatrist, neuropsychologist, neuro-otologist and orthopaedic expert.
Interim payments for the Claimant were obtained from the Defendant insurers.
Challenges faced in the case
The case was complex and hard fought. There were four Defendants. The driver of the car did not have motor insurance and therefore it was necessary to make a claim against the Motor Insurers Bureau (who deal with cases where a Defendant is not insured). The Defendants took a very long time to make any admission of liability or blame, and, when they did finally admit primary liability, they still alleged contributory negligence (ie that the Claimant had partly contributed to his injuries), alleging that he had not fastened his helmet, leading to the helmet coming off as he was ejected from the motorbike. They alleged that, had this not happened, his brain injury would have been far less severe. Despite all of this, we were able to recover for the Claimant significant compensation without the need to go to a trial.
At the conclusion of the case, the Claimant said:
You have been wonderful this whole time. I am grateful to have had such an honest, dedicated solicitor.
Simon Brindle, barrister from Deka Chambers, was also instructed in the case.
How Moore Barlow can help
How Moore Barlow can help
Matt Tuff is a senior associate in the Major trauma service department at Moore Barlow. Matt places particular emphasis on securing compensation and rehabilitation for the clients at an early stage. He have extensive experience of working closely with expert case managers and rehabilitation companies to secure this goal.
Please visit the personal injury webpage page or contact Matt Tuff.
