Our Serious Injury Team acted for an emergency services officer who during the course of his duty was involved in a road traffic collision resulting in a severe brain injury.
Our client was driving an emergency services vehicle at night when he was confronted by an articulated lorry performing a high risk manoeuvre ahead of him. Defective lighting on the lorry’s wagon prevented earlier visibility of the risk, this unfortunately led to a collision between the two vehicles. Our client at no stage departed from his side of the road.
The issues in the case
The Defendant remarkably delayed making an admission of primary liability until Court proceedings were started in the High Court at which point they then alleged our client was travelling too fast for the road conditions. An allegation that was strongly resisted by our client.
The Defendant also alleged that our client retained mental capacity notwithstanding the overwhelming evidence from both NHS, private and expert medical evidence that he unfortunately lacked mental capacity to instruct solicitors in the litigation as well as make decisions in relation to property and financial affairs. Our client had also been accepted as a ward of the Court of Protection. The Defendant Insurer much later accepted our position.
Further allegations
The Defendant further alleged that our client did not require the extensive support necessitated by his brain injury notwithstanding the substantial evidence we produced that without such support our client was vulnerable and at risk. The Insurer later made concessions on this point.
Aside from the Defendant’s allegations, our client had been medically discharged from his employment whereby he was entitled to a medical retirement pension but the level of that pension was reduced, in our view unfairly, causing us to instruct a pension expert to challenge that decision culminating in restoration of a full award given the serious injury.
Unfortunately, as is often the sad reality, a brain injury causes difficulties at home and in our client’s case led to a breakdown in his marriage. We therefore had to secure suitable alternative accommodation that would suit our client’s needs not only for himself but for his young children for whom he still cared for, with the assistance of support workers and a family coordinator.
Rehabilitation
The Defendant Insurer prematurely withdrew from both the Serious Injury Guide as well as the Rehabilitation Code 2015 leaving us to request from them general interim payments of which we could then use to meet the cost of ongoing rehabilitation. Unfortunately, the insurer fought tooth and nail over interim payments causing us to make several Applications to the Court of which one resulted in the High Court awarding our client 100% of the funds requested and costs.
The interim payment we were able to secure through the Court process then enabled us to fund the continued rental of a suitable house for our client where he lived with the assistance of dedicated Support Workers under the direction of a specialist Brain Injury Case Manager.
The Case Manager enabled our client to have regular access to his children with a Child Contact Facilitator in post and to start undertaking activities that would be of interest to him to rebuild his life. Through this support our client was able to go on holiday with his children, participate in local activities and much to our client’s delight a return to non-paid voluntary work with the emergency services.
Expert evidence
The expert evidence in this case was key given the Insurer’s stance notwithstanding our client had a strong case on liability and had suffered a life changing brain injury. We were fortunate to have 15 experts of various disciplines who supported our client’s case, all of which are leading figures in their field.
The Insurer had instructed experts in a similar discipline who subsequently had to speak with our experts to prepare Joint Statements setting out the issues upon which they agreed or disagreed and on issues of disagreement reasons for the same.
Outcome of case
The case proceeded to a Joint Settlement Meeting of which whilst productive was ultimately unsuccessful causing our client to make the courageous decision to walk away. The case then progressed on a journey that within 8 weeks would have taken the case to a contested 10 day trial in the High Court in London. Ultimately, the Insurer 5 weeks before the trial agreed settlement at the sum we had indicated at the JSM but then sought to argue over the terms of the settlement order which we resisted resulting in the Insurer agreeing our proposed terms.
On account of our client suffering a severe brain injury, resulting in a lack of Mental Capacity, the settlement agreed between the Parties was subject to Court Approval which was given by the High Court formally concluding claim. Settlement included compensation for the following:
- Pain, suffering and loss of amenity
- Loss of congenial employment
- Loss of earnings
- Loss of pension
- Care and assistance
- Support worker costs
- Therapy costs
- Case management costs
- Transport costs
- Litigation friend’s expenses
- Accommodation costs
- Deputyship costs
- Medical treatment
- Holidays
- Counselling for litigation friend
- Headway
- Legal costs of divorce
- Other legal and compliance costs
- Money Lost in Scams
- Paid care, childcare and case management
- Gratuitous care and assistance
- Inability to care for others (Lowe v Guise)
- OT assessment and treatment services
- Aids and equipment
- Leisure activities
- SALT
- Assistive technology
- Ophthalmological treatment
- Orthotics
- Physiotherapy
- Gym membership
- Personal trainer
- Physiotherapy equipment
- Neuro-otological treatment
- Rent and removal cost
- Court of protection costs
- Neuropsychological treatment
- Counselling for family members
- Neuropsychiatric treatment
- Lost years
How Moore Barlow can help
Moore Barlow Serious Injury Team Matthew Claxson, Claire Sagala, Carole Carr, Olivia Smith, and Caprice Kent acted for our client to access rehabilitation, secure interim payments and recover compensation to rebuild his life.
Moore Barlow are a leading UK Law Firm ranked as a top firm for serious injury by both independent legal directories Legal 500 and Chambers & Partners. Contact us on 0800 157 7611 or by email matthew.claxson@moorebarlow.com
