Huw Ponting and Sue Upton of Enable Law’s Brain Injury team recently secured a settlement of £1.95 million for a client who suffered a serious brain injury when they were hit by a car.
What happened?
MC, our client, was walking home on a road at night when they were hit by a car and suffered a serious brain injury. The circumstances of the accident meant that liability was difficult to prove. Arguments were raised as to whether the MC was walking towards or away from oncoming traffic, how visible they would have been and if they could have taken a safer route on that road.
The defendants denied any responsibility for the accident from the outset and continued to do so throughout the course of the claim. They also raised issues of contributory negligence against MC, arguing that the accident had been caused wholly or in part by MC’s actions by walking on the road where it was unsafe to do so where there were poor lighting conditions and failing to wear suitably conspicuous clothing when walking on the road at night.
Enable Law challenged the defendant’s denial of liability and arranged for an experienced accident investigator to attend the scene at the same time of year that the accident had occurred to assess the visibility the driver would have had and to prepare a detailed report. His evidence supported the fact that MC would have been able to be seen if the defendant had been driving at an appropriate speed and had been keeping a proper look out and that if the driver had reacted sooner and swerved or reduced their speed then the accident could have potentially been avoided altogether or the impact would have been less severe.
Injuries sustained and the impact on MC’s life
At the time of the accident MC was working full time in an office. They were keen to progress their career and were about to start studying for a further qualification at the time of the accident. They greatly enjoyed their work.
MC also had an active social life seeing friends and regularly going on trips and holidays and attending concerts. They were also very sporty and were a member of a local sports club and trained every week.
Following the accident MC was in intensive care for several weeks and then received ongoing rehabilitation over four months before they could be discharged home.
MC’s injuries impacted all aspects of their life. They were unable to return to work because of the effects of their brain injury and their ongoing cognitive impairments and their issues with memory, concentration, and fatigue. They were unable to return to driving and could only manage limited social or sporting activities with support. Their life was completely changed because of their injuries.
Experts and settlement
To enable the case to be properly assessed, both parties got expert evidence from a number of medical and non-medical experts.
Given the range of MC’s injuries, we at Enable law instructed 10 experts in the fields of neurology, neuropsychology, neuropsychiatry, orthopaedics, and ophthalmology. Non-medical evidence was obtained from experts in care/occupational therapy, physiotherapy, and accommodation.
We also got expert evidence from a Court of Protection expert as the issue of mental capacity which was disputed by the defendants.
An accident reconstruction expert was also instructed to report on the liability issues.
Enable Law were instructed shortly after the accident. We advised that while liability was difficult, there were reasonable prospects of securing some liability against the defendant.
The defendants consistently fought the claim, only making one offer at an early stage of £250,000, which we advised was too low and they then denied responsibility for the accident throughout.
The matter then settled at a Joint settlement meeting shortly before trial for a seven-figure sum on the basis that liability was apportioned on a 60/40% basis in our client’s favour. The settlement was significantly higher than the only offer previously made on the claim.
This is a strong result on a claim where liability was difficult and denied throughout and where multiple allegations of contributory negligence were made.
Impact of the settlement achieved
The damages obtained will make a massive difference to MC’s life. It will enable them to fund the care, support, and therapies they need and will significantly improve their quality of life.
Testimonial
“Sue Upton and Huw Ponting from Enable Law’s brain injury team dealt with my claim after I suffered a serious brain injury in an accident. From day one of them being instructed I was met with great personal courtesy and respect which made me feel very secure that I mattered to them as a person and not as simply just a job for them to complete. They were both always directly at hand if I had a query, no matter how little of a query it may have been, which was fantastic at such a confusing time of doubt for me. They both worked so meticulously hard to gain the best possible settlement for me to ensure I will see out the rest of my ‘very different’ life safely and comfortably. I will be able to ‘live’ again as I had prior to the accident, rather than just ‘exist’. For that I will be forever grateful.”
