Substantial brain injury compensation obtained for client involved in a serious road traffic accident

Moore Blatch won a substantial sum for their client after a serious road traffic accident left him with a severe brain injury.

Moore Blatch assisted a young man who was travelling as a passenger in a motor car driven by his friend. It transpired that our client was not wearing a seatbelt, and that his friend was an unlicensed driver and drug user.

As a result of the accident, our client suffered a serious head injury and consequently lacked capacity to deal with matters on his own behalf.

Moore Blatch secured an admission of primary liability, but it was necessary to register him as a Patient with the Court of Protection, appoint a Deputy and await final medical reports before entering into settlement discussions, as he lacked the capacity to manage his own affairs, which was due to the accident.

The matter was complicated as the client was the son of two alcoholic parents and was diagnosed with foetal alcohol syndrome at birth. Soon after his birth he was transferred to the care of foster parents.

He had a history of mental disorder pre-accident, and he himself had been alcohol dependent and a user of illicit drugs. The defence therefore argued that there should be little or no loss of future income on the basis that his pre-accident earning capacity had already been diminished.

Proceedings were issued in the High Court and opinions obtained in relation to the client’s future care and case management, together with numerous specialist medico-legal reports.

At a round table meeting with the defence, damages were agreed in the sum of £992,781 before applying a 20% deduction for contributory negligence, leaving a net payment to the claimant of £794,183.

After obtaining approval from the court, the damages were paid into the Court of Protection and the firm advised the Deputy (the client’s Step-Father) in relation to the ongoing needs and requirements and his ability to make payments on behalf of his stepson.