On the date of the collision, our client was crossing a road at a Zebra crossing when she was hit by the defendant’s vehicle.
Liability
Initially the Defendant admitted primary liability for the incident but raised the issue of our client’s contributory negligence on the basis that she ran out into the road, crossed the road at an angle and without warning and that she was distracted as she was looking at her mobile phone.
Our team gathered further evidence on the manner in which the client used the zebra crossing, including knocking on doors of properties adjacent to the incident location to obtain witness statements, the Defendant then later admitted liability in full.
Injuries
As a result of the collision, our client sustained a mild to moderate brain injury together with soft tissue injuries. She was discharged from hospital to her own home on the day following the collision.
Our client’s brain injury meant that she suffered from fatigue, headaches and she initially lost her sense of smell.
However, for our client the most debilitating aspect of her brain injury was the impact it had on her memory, processing speed, concentration, decision making and problem solving. As a result, she was unable to manage her previously busy and demanding lifestyle and employment.
Employment
At the time of the incident our client had a highly demanding and very well-paid position within the financial sector. Our client’s role required her to make rapid judgements, taking information from multiple sources.
Our client attempted a gradual return to work 18 months after the incident, but she was unable to cope with the demands of the job as a result of her continuing head injury symptoms. Not long after returning to work, our client left her employment by mutual agreement.
Our client was a high earner at the time of the incident, and she was keen to continue to earn a high income to support her family.
She applied for various positions and eventually found alternative employment that whilst lucrative, did not attract anywhere near the salary she had enjoyed pre-incident.
Expert Evidence
We instructed leading medical experts in the fields of Neurology, Neuropsychology and Neuropsychiatry. The evidence of an Employment expert was also key in this case.
The evidence was that our client had suffered a mild (Probable) traumatic brain injury and that as a result of the brain injury our client was at a significant disadvantage on the open labour market. The evidence was that our client would be able to resume work in a significantly less demanding role.
Settlement
We met with the Defendant to attempt to resolve the claim at a Joint Settlement Meeting. Whilst the claim did not settle at the meeting it allowed the parties to narrow the issues and our client’s claim settled shortly after for a high seven-figure sum.
This case demonstrates that even a brain injury on the milder side of the spectrum can have wide ranging and life changing consequences for our clients.
Our client’s claim was conducted by Partner, Matthew Claxson, Senior Associate, Caroline Buckingham and Senior Paralegal, Georgie Beckers. Leading Counsel was William Audland QC and Junior Counsel was David White both of 12 KBW.
Moore Barlow is here to help those who have suffered a serious injury to claim compensation to help rebuild lives. If you need to speak with one of our expert personal injury solicitors, please call our freephone helpline on 0800 157 7611 or contact us online. Moore Barlow’s lawyers are listed as brain injury specialists by both the Headway UK Solicitors Directory and also by the United Kingdom Acquired Brain Injury Forum.
