£2.25m Compensation Achieved for Brain Injury Victim

11 December 2018

Client Situation

We were contacted by the family of a motorist who had suffered a serious brain injury as a consequence of a head on road traffic accident, caused by another driver.

The client underwent emergency brain surgery which saved his life, however his recovery was very slow, and the damage was such that he very sadly never regained his previous adult memories, and his personality was forever altered. It was a devastating injury with far-reaching consequences not only for the client but his wife and family. He was only able to walk with assistance and was no longer able to make decisions for himself regarding his own care.

Our client was treated in hospital for almost a year before being admitted to a specialist care facility, for patients with severe neurological conditions. It was a large facility and the family were unhappy with the standard of care he was receiving, so they were keen for him to return to a home environment. Unfortunately the family home at the time of the accident was totally unsuited to the client, and it was accepted that a new home would be needed.

A complicating factor was that the client's wife had her own care needs, and the client had been her carer before his terrible road traffic injury.

How We Helped

Senior Personal Injury Solicitor, Jason Harries, met with the family in person both in hospital and at the family home, and it was quickly established that the family home would not be suitable for the client to live in on his return from hospital. Jason also established that the home was not even suitable for the wife to remain in by herself as it was too remote and she had no transport without the help of her husband. Jason's legal advice and expertise was vital in responding to the family's many initial questions and needs.

Jason made arrangements for the instructions of an experienced case manager and architect to see the client and his wife. They assessed the home and determined that a new property was needed, which would be suitable for the client, his wife and their carers.

As the dedicated case manager for this matter, Jason continued to be involved and liaise closely with the client's family, the carers and medical practitioners, while also supporting the family's wish to get the client back into the family home again, with 24 hour care.

Unfortunately the client's injury was so severe that it took a protracted period of time of more than 2 years to assess his recovery and to establish the nature of care that he needed. A further complication arose in determining whether this care could be adequately be provided in a home environment, especially given his wife's medical conditions. This was the family's firm wish that it should, and we supported them in investigating this possibility despite the difficulties in making this arrangement.

Assessments were arranged with neurological experts, including neuro-surgeons and neuropsychologists, as well as with care experts, occupational therapists, physiotherapists and architects. A leading Queen's Counsel barrister was instructed to represent our client at Court and during negotiations with the at fault party's insurers.

The Outcome

The case was eventually settled around 4 years after the accident with the Claimant receiving a compensation sum, approved through the Court, of £2.25m. This sum will allow the family to purchase and adapt a property and to pay for carers for the client and his wife, which will allow them to resume their lives together despite the catastrophic injury that our client has suffered.

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