Over £4 million for Brain Injury after Being Knocked down by Car
11 February 2016
A 53-year-old man received substantial compensation after being seriously injured in a pedestrian accident.
Slater and Gordon Solicitors: Lucy Nicol from Slater and Gordon’s Court of Protection department was instructed on this case and acts as the official Deputy.
Settlement Value: Over £4 million
What Happened: Our client, who was 53 years old at the time, was crossing a road when he was struck by the defendant’s vehicle. The defendant driver failed to stop at the scene and was later traced.
Our client sustained multiple injuries including several rib fractures and a serious head injury which caused severe brain damage.
Impact: Our client was admitted to hospital with a Glasgow Coma Scale of three.
Six months later, this score had improved to six but occasionally dipped back to three.
Our client’s post-admission rehabilitation was rocky. He developed a cerebral salt-wasting syndrome, a lower respiratory infection and he needed a gastrostomy for feeding and developed seizures. Further surgery was required by way of a craniotomy to evacuate a clot.
He was eventually transferred to a specialist brain injury care home, where he currently remains resident.
How Slater and Gordon Helped: Although the defendant driver admitted primary liability, contributory negligence remained an issue as an accident reconstruction report showed that both parties should have seen each other before the collision.
We obtained expert medical evidence to show how our client needed 24/7 specialist care and therapy. He had little ability to communicate and is likely to have a reduced life expectancy.
We secured the services of a Brain Injury Case Manager at an early stage to manage our client's therapies, accommodation and complex needs.
Decision: £4,250,000 compensation was awarded to our client.
The settlement in light of the potential contributory negligence argument as well as being able to continue to claim for the cost of the care home was an excellent outcome for our client. It enabled him to continue to be cared for in the specialist care home or at his own home with appropriate support.
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