On the 1st February 2020, our client, AC was walking home from work when he was hit by a car whilst crossing the road. The injuries AC sustained were significant and included a severe traumatic brain injury, injuries to his jaw and teeth, numerous fractures to his vertebra and a fracture to his knee as well as other orthopaedic injuries. Our client was stabilised at the scene before being taken to the Major Trauma Unit at St George’s Hospital where he remained an in-patient for some time. He was discharged from hospital very shortly before the Prime Minister announced that the whole country was due to go into lockdown in March of 2020.
We were able to arrange for a Case Manager, instructed on a joint instruction basis with the Defendant Insurers, to carry out an Immediate Needs Assessment before the restrictions hit. This was a very fortunate event as all of the community rehabilitation that should have been put in place through the NHS was significantly delayed owing to the pandemic. Due to the proactive approach to rehabilitation from ourselves and the Defendant Insurers, we were able to put in place a private MDT comprising the Case Manager, Neuropsychologists, Occupational Therapists, Physiotherapists and Neuropsychiatrists. We rallied around AC and were able to adapt to the restrictions to provide AC with the rehabilitation he needed.
AC’s approach to rehabilitation was very focussed. He was determined to make the best recovery that was possible and he fully engaged with his team at all times. His recovery was outstanding and one year post injury, he was able to engage on the start of his journey towards independent living and he began an Independent Living Trial in a rented flat, a very short distance from his parents’ home.
Whilst his recovery was very impressive, due to the severity of the injuries sustained in the accident, there are still significant ongoing issues, the most disabling of which is the fatigue. He was incredibly committed to returning to full time employment but unfortunately, due to his residual issues, this is not likely to be possible but he is lucky to have a very supportive employer who understands his limitations.
One of the issues at the start of this case was contributory negligence, that is whether AC was partially to blame for the accident. The circumstances were that he was crossing the road at a very dangerous junction. There was a Pelican Crossing shortly down the road which he could have used but he chose not to. As a result, it was likely that AC would suffer a significant deduction of his damages in relation to contributory negligence. The Defendant Insurers accepted from an early stage that they were likely to be primarily responsible for the accident and therefore, agreed to put the issue of contributory negligence to one side for the time being to make sure that he achieved the best rehabilitation that he could.
Settlement and capacity
Due to his recovery, we were able to gather medical evidence early on in this case and look to settle. We obtained evidence in the field of Neuropsychiatry, Neuropsychology, Orthopaedic and Care and this was enough to enable us to value the claim and consider the Defendants offers of settlement. After a number of offers and counter offers, we were pleased to reach agreement of a substantial seven figure sum which will enable AC to continue his rehabilitation, without the need worry about having the finances to pay for it.
One of the other issues in relation to this case was whether or not AC had capacity. The evidence suggested that he did have capacity but needed support to be able to manage the litigation and his finances. AC had a very good team of professionals around him as well as incredible support from his family which enables him to retain capacity to manage the lump sum going forward.
How Moore Barlow can help
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