Brain injuries are not always immediately obvious. Even after a collision that appears minor, the effects can be serious, life-changing and easy to miss in the early stages.
That was the case for Alan, aged 68, who was stationary at a roundabout when another driver collided with the rear of his van. Although liability was admitted, the defendant argued that the impact was low speed and disputed whether it could have caused any significant injury.
In the immediate aftermath, Alan was able to drive home and initially thought he had escaped with relatively minor injuries. He had some recollection of hitting his head, or of something in the van striking him, but there were no obvious signs of a head injury, and no investigations were carried out at that stage. It was only in the days and weeks that followed that the true impact of the collision began to emerge.
The injuries that Alan sustained
Alan’s wife and family started to notice subtle but significant changes in him. He was repeating himself, struggling with his memory, becoming more irritable and fatigued, and finding it harder to concentrate and make decisions. These were not symptoms that had been present before the accident and they raised serious concerns that Alan had sustained a mild brain injury that had gone unrecognised.
By the time Alan transferred his case from another law firm to Hugh James, the possibility of a brain injury had still not been properly explored.
How we processed the case
Our specialist Serious Injury team recognised the significance of the cognitive and behavioural changes being reported and took immediate steps to investigate the case thoroughly.
Earlier psychological evidence had not adequately addressed whether Alan had suffered a brain injury. Although ongoing symptoms had been noted, there had been no meaningful psychometric testing and no proper specialist investigation into the cause of his difficulties. We identified those shortcomings and worked to obtain the expert evidence needed to present the case properly.
We secured evidence from specialists in neurology, neuropsychology, neuropsychiatry, ophthalmology, orthopaedics and engineering. This was essential because the defendants sought to restrict the scope of the expert evidence and argued that Alan’s symptoms could not have been caused by such a low-speed collision.
They also pointed to Alan’s age and suggested that, being in his late sixties, his difficulties may have been due to other causes, including dementia or age-related decline.
Why this was a challenging case
Despite those challenges, our team built a strong case on Alan’s behalf. Supportive neurological evidence concluded that, if Alan’s account of the accident was accepted, he had sustained a probable mild brain injury. Further neuropsychological assessment identified measurable deficits in memory, verbal reasoning, executive functioning and verbal learning, together with mood and behavioural changes.
Alongside witness evidence from those who knew Alan best, this helped demonstrate that the problems he was experiencing were genuine, significant and linked to the collision.
Through careful investigation, specialist legal expertise and the right medical evidence, we were able to secure a successful outcome for Alan and his family without the need for a trial. The claim was successfully settled for a sum exceeding the defendant’s initial offer by more than 500%. His case shows why it is so important for potentially serious injuries to be recognised and investigated properly, even where a road traffic collision appears minor at first glance.
Our client Alan said:
“When I came to Hugh James, I felt as though my case had been left at the side of the road by my previous solicitors. The full impact of my injuries had not been properly recognised, particularly the memory, concentration, fatigue and behavioural difficulties I was experiencing.
Mark Robinson got stuck into my case straight away. He listened to me and my family, arranged the right specialist evidence, and made sure the issues were properly investigated and understood. It was not an easy case, but Mark guided me through it with care, determination and clear advice. He fought my corner and got the right result for me and my family.”
Supporting people with serious and complex injuries
Our serious injury team has extensive experience in helping clients and families affected by brain injury, including cases where symptoms are delayed, subtle or heavily disputed.
We understand the importance of identifying what others may miss, securing the right expert evidence and ensuring that clients receive the specialist representation they need.
Alan’s case is a strong example of the difference that specialist legal support can make.
Mark Robinson, Partner in our Serious Injury team, said:
“This was a challenging case because the signs of mild brain injury were not properly identified at an early stage and causation was strongly disputed throughout. Our role was to recognise the significance of the cognitive and behavioural changes being reported, obtain the right expert evidence and build a clear case linking those problems back to the accident. We are pleased to have secured a successful outcome for Alan and his family.”
