We have recently closed a case where a high seven figure settlement for a tourist who was visiting the UK from abroad, was recovered. While she was on holiday in the UK she was severely injured in a road accident in Surrey.
The claimant was a pedestrian crossing the road in the early hours, when a hit and run driver, who was approximately twice over the alcohol limit, drove into her. She landed on her head and suffered a very severe brain injury putting her into a coma for many weeks.
The ongoing effects of the injury have included significant cognitive impairment (including impaired memory, impaired concentration and reduced ability to take in information), together with organic personality change (where someone suffers a change of personality and behaviour as a result of brain injury or other pathology). She has motor and sensory hemiparesis (weakness and reduced function on one side of the body) and right homonymous hemianopia (loss of half of the visual field). Her linguistic function is impaired. She does not have ability to manage her own finances (and will need support with this for the foreseeable future). She is likely to need care for the remainder of her life. She also had neuropsychiatric injury, including depressed mood.
Multi-disciplinary rehabilitation programme
An extensive, multi-disciplinary programme of rehabilitation was set up for the claimant, including neuropsychology, occupational therapy, physiotherapy, speech and language therapy and neuropsychiatry. We were able to secure from the defendant interim payments (that is, payment of part of the compensation before the end of the case) of hundreds of thousands of pounds to pay for this. She is an incredibly strong, determined individual, with a very supportive family, and, although she will be left with significant long term effects of the injury, she has made considerable progress.
The case and outcome
This was a hard-fought case, where throughout, the defendant alleged contributory negligence (ie alleging that the claimant was partly to blame for the accident).
We obtained expert reports for the legal case from a number of leading experts, including a rehabilitation consultant, neurologist, neuropsychologist, neuropsychiatrist and ophthalmologist. An additional layer of complexity was added by the fact that the claimant lives abroad and we also commissioned reports from experts in the claimant’s home country, to set out the likely costs of future care, costs of ongoing treatment and the costs of protecting her finances.
Court proceedings were issued in the High Court. However, we were able to negotiate a settlement, without the need for the claimant to have to attend a trial.
Thank you for everything that you have done, and continue to do, for Marie. We are very grateful that we have all of you in our corner.Claimant’s father
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.