Brain injury client case study 3

David

Our client, aged 54, was a cyclist, involved in collision with a car turning right. He sustained a serious closed head injury, with right-sided fronto-temporal and left occiptal haemorrhages, resulting in post-traumatic amnesia and permanent cognitive deficit. He also sustained a spinal fracture at C5, serious facial injuries, a serious open fracture of the left radius and ulna, and a rotator cuff injury.

The client had no recollection of the accident circumstances. There were no witnesses to the accident, other than the other party’s wife, who was a passenger in the third party vehicle. The police did not bring any prosecutions against either party and evidence upon which any kind of a case could be built was limited in the extreme.

Notwithstanding these severe difficulties, we were able to establish a case on liability. This was achieved through extensive investigation and hard work, and with the help of accident reconstruction experts and senior counsel. We recently agreed an out of court liability settlement on a 65/35 basis in our client’s favour.

In addition to this, we have collated evidence of a complex nature to establish the full extent and nature of the injuries sustained by the client. This has included evidence from neurological, psychological, orthopaedic and employment experts regarding his phased return to work and the appointment of “buddy carers”. The client is unlikely to be able to return to work full time and this has had a major impact upon his psychological state and his interaction with his family.

Court proceedings will adjudicate to establish the appropriate final level of damages, and the client has received significant interim payments. When the accident initially occurred, the client’s wife had to give up work to care for him. However, she has now been able to return to full-time work in the knowledge that her husband is well cared for in her absence.

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