Moore Barlow secures a six-figure settlement as a result of a traumatic brain injury suffered by a Romanian national, who was knocked down in the road whilst on holiday in the UK.
Our client was a Romanian national who did not speak English. Moore Barlow were instructed by his English-speaking daughter, who lived in the UK, acting as Litigation friend. Daryl Robinson, a Senior Associate in the major trauma team led the case.
The case background
Our client, in heavy raining conditions, was crossing a two-lane carriageway at a dangerous point and was stood in the central reservation waiting to cross the second line of traffic when struck by a vehicle from behind.
Our client had no recollection of the accident and liability was not admitted, therefore extensive investigations into Police evidence and CCTV footage were required.
When considering contributory negligence, the Court is enjoined to consider the relative blameworthiness of both parties, and the causative potency of their actions. It is frequently acknowledged by the Court that it is rare indeed for a pedestrian to be found more to blame than a vehicle driver because a car is a dangerous weapon (Lunt v. Khelifaand Eagle v. Chambers).
The Defendant’s blameworthiness essentially encompasses the fact that the Defendant failed to keep any or any proper lookout and failed to brake in time, stop or turn aside earlier. Furthermore, the balancing factor in all of this is that the Defendant’s vehicle is a “weapon”, and to that extent the Defendant has an obligation to drive with caution. The parties agreed liability at 60:40 in the Claimant’s favour.
Our client sustained a traumatic brain injury involving a subarachnoid and subdural haemorrhage (moderate to severe traumatic brain injury on the Mayo clinic scale) brain contusions with fractures to the occipital and parietal regions of the skull, lung contusions, multiple rib fractures, right scapula and right medial clavicle fractures, left inferior pubic rami fracture, a right fibula fracture and injury to the right brachial plexus.
The symptoms included headaches in the left occipital region on a daily basis, dizziness, positional vertigo, low mood and reduced short-term memory and concentration. Our client remained in the UK in order to access treatment and to recover gratuitous care support from his family.
Securing financial assistance for our client
Moore Barlow’s focus was to maximise our client’s rehabilitation following an Immediate Needs Assessment and the provision of clinical case management support.
Having regards to the nature of the injuries, it was necessary to secure medico-legal evidence from a neurologist, neuropsychologist, neuropsychiatrist, orthopaedic surgeon, audio-vestibular specialist, peripheral nerve specialist and care expert. It was necessary to elect Romanian speaking experts in the areas of psychology and psychiatry in order to gauge the impact of the trauma induced cognitive deficits. We also established evidence of a concussion to the vestibular system. Life expectancy was shortened due to unrelated issues.
The Defendant’s representatives promoted a collaborative approach to the claim and a six-figure settlement was agreed at a joint settlement meeting.
How Moore Barlow can help
Moore Barlow is here to help those who have suffered major trauma and need to make a claim, access rehabilitation, interim payments and secure compensation. If you need to speak with one of our expert personal injury solicitors, please call 020 3962 7333 or email daryl.robinson@moorebarlow.com
