Seven figure sum recovered for passenger in vehicle collision

We have recently recovered a seven figure sum for a young claimant who injured as a passenger in a car that collided with a lorry in Essex.

The case history

The claimant sustained a severe brain injury, including haemorrhages on the brain and what is known as a ‘diffuse axonal injury’ to the brain, as well as orthopaedic injuries. 

She was left with chronic cognitive dysfunction (that is long term problems with cognitive functions such as memory, concentration and taking in and understanding information), as well as organic personality disorder (that is personality and behavioural changes, which in this case included irritability, being quick to lose her temper and a tendency to have ‘concrete, black and white’ thinking). She suffered migraines and an inability to tolerate loud noises. She had neuropsychiatric injuries, including depression and fatigue. 

At the time of the accident, the claimant attended sixth form college, but because of the brain injury and cognitive dysfunction, she was unable to continue.

Rehabilitation programme 

A rehabilitation manager was appointed and we secured numerous interim payments from the defendant (that is payment of part of the compensation, before the end of the case) to pay for extensive rehab (treatment) for the claimant. This included neuropsychology, occupational therapy, neuropsychiatry and the recruitment of a support worker.  

We obtained an array of reports for the legal case from leading experts, including a neurologist, neuropsychiatrist, neuropsychologist, orthopaedic expert, ophthalmologist specialising in brain injuries, care expert and expert on Deputyship costs (that is to comment on the very substantial costs of having a Deputy to help the claimant to manage her finances).

The claimant is likely to need long term care. She is unable to manage her finances. A Deputy was recruited to assist her with her finances. 

The outcome of the case

Although the defendant admitted liability (or blame) early on in the case, the case was very hard fought in other respects. The case settled shortly before trial. As the caimant was, due to her brain injury, unable to conduct the case herself, her mother was appointed as Litigation Friend and (as is routine in such cases) a brief court hearing was held for the court to consider and approve the settlement.   

Simon Brindle, from Deka Chambers, was instructed in the case

We would just like to say thank you so much for all the help and support that you have given us throughout the whole process of Emma’s claim. At times it has been a very stressful, however, your professionalism and calmness made the process much easier for us. We are so grateful to you and Simon for helping Emma get the settlement. We would highly recommend you to anyone.

Claimant’s mother

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 major trauma website page or contact Matt Tuff.