Brain Injury Claim Case Study

29 March 2018

By Senior Personal Injury Solicitor James Wormell

Client Situation

Our client, Mr A, was semi-retired having pursued careers in the British Army and then as a school teacher. He was driving with his wife one dark evening, when in a queue of vehicles he was struck at speed from behind by another car, which shunted him into the car in front. The impact caused his head to forcibly strike the headrest, although there was no bruising to his head as a consequence. He was somewhat dazed and “a bit garbled” after the car accident.

With the passage of time it became clear that Mr A was having increased difficulties with word finding and memory. Although he was still able to undertake certain activities such as managing his finances, subtle problems began to manifest with occasional ‘hang-over’ feelings as well as significant fatigue reported.

Mr A continued to work as best he could, but noticed that he lacked the energy and drive to take on as much work as he had before.

How We Helped

Although he was past the typical retirement age, there was a noticeable decline in Mr A’s ability to work after the accident. We obtained appropriate neurological, psychological and neuropsychological evidence, which made it clear that a mild traumatic brain injury had likely been suffered.

Subtle head injuries like this need to be carefully assessed in order to distinguish post-accident functionality from pre-accident performance.

Our client was recommended psychological treatment combined with appropriate pain management and cognitive therapy.

The Outcome

Mr A made a far better recovery than might otherwise have been expected.

Although his higher earning days were well behind him before the car accident, it was clear that Mr A had suffered financially as a result of his brain injury. By gathering the appropriate evidence we were able to settle Mr A’s claim well within three years of the accident and Mr A was awarded £32,500 compensation.

This outcome represented both an outstanding recovery for our client, and a much appreciated nest egg in retirement.

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