£7.5 million settlement for brain injured client


Our solicitors Huw Ponting and Sue Upton recently secured a settlement of £7.5 million for a client who suffered a serious brain injury in a road traffic accident. 

Our client’s road traffic accident

Ben (not his real name) was walking home after a night out when he was hit by the Defendant’s vehicle whilst crossing the road at a light-controlled pedestrian crossing.  The driver of the vehicle that hit Ben denied any liability for the accident, and accident reconstruction expert evidence was obtained by both parties. The Defendant was driving at excessive speed and whilst intoxicated, but Ben had crossed when the lights were against him. Liability was agreed shortly before going to trial on an 85/15% split in Ben’s favour.  This meant he recovered 85% of the value of his claim.

Injuries after collision

As a result of the accident Ben suffered a traumatic brain injury and numerous orthopaedic and internal injuries, including a subdural haematoma. In the initial period of his recovery he began to suffer epileptic seizures, and had to undergo urgent surgery to reduce the pressure inside his skull. He was treated in the Intensive Care Unit for 20 days.

He also suffered orthopaedic injuries which included multiple fractures along with kidney and adrenal gland contusions.

As a result of Ben’s injuries he remained in hospital for 7 months.  He was then discharged to a neuro-disability unit where he continued to receive ongoing rehabilitation.

Whilst he made enormous progress when in hospital and during his rehabilitation, his brain injury has left him with ongoing cognitive difficulties.

The physical effects of the brain injury left Ben suffering with decreased muscle tone and weakness of the limbs, which required treatment with Botox injections. He suffered deformities of both hands and functional difficulties and later had to undergo surgery on his left hand. Several years after the accident he also had to undergo an ankle operation to release the left Achilles tendon, which was again an issue linked to his earlier injuries.

Long term issues

 A specialist brain injury case manager was instructed to assist Ben following his injury. After his discharge from neurorehabilitation, Ben continued to receive support from his brain injury case manager support workers and a number of treating therapists.

The extent of Ben’s ongoing care and therapy needs was strongly disputed by the Defendant’s experts, but both neurology experts agreed that Ben’s life expectancy was reduced to 71-72 years as a result of his injuries.

Successfully obtaining compensation

A settlement was recently reached on behalf of Ben in the sum of £7.5 million. The parties also agreed an Order for provisional damages as part of the settlement, so that Ben can return to court to seek further damages if he suffers from epilepsy in the future as a result of his injuries.

The settlement will enable Ben to have the ongoing support of a brain injury case manager and care and assistance for the rest of his life. It will also provide for suitable accommodation and ongoing therapies.

Huw Ponting and Sue Upton are based in Enable Law’s Bristol office and specialise in brain injury claims.

If you have a query about a head injury claim please contact us.

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