Our client, Diane* (name changed for privacy reasons), suffered a devastating traumatic brain injury after falling down a staircase whilst staying at a holiday cottage with her husband.
What initially appeared to be a straightforward accident developed into a highly complex High Court claim involving disputed liability, specialist engineering evidence and extensive expert medical investigation.
Before the accident, Diane was an active and independent retired woman who enjoyed travelling, walking and spending time with her family. She played an important role in caring for her grandchildren and shared responsibility for managing the household.
The injuries she sustained resulted in a traumatic brain injury (TBI) with lasting cognitive, psychological and sensory consequences. She experiences significant fatigue, headaches, memory difficulties, reduced concentration, problems with planning and organisation, communication difficulties, anxiety and loss of confidence. She also developed visual and hearing problems as a consequence of her injuries.
The effects of the brain injury have had a profound impact on her independence, relationships and quality of life. Tasks that she previously managed without difficulty now require support from her husband and wider family.
A complex liability dispute
The claim was far from straightforward. The accident itself was unwitnessed and, due to the severity of her brain injury, Diane had no memory of how the fall occurred. This created significant evidential challenges from the outset.
The Defendant denied liability and disputed that the condition of the staircase had caused the accident. It was argued that the precise mechanism of the fall was unknown and that Diane could not establish that any feature of the staircase had caused or contributed to her injuries.
Our specialist Serious Injury team carried out extensive investigations into the circumstances of the accident. Particular attention was given to the design and safety of the staircase, which was steep and narrow and, at the time of the accident, did not have a handrail.
Specialist engineering evidence was obtained to consider whether the absence of a handrail increased the risk of a fall and whether reasonable steps could and should have been taken to improve safety. The claim involved detailed consideration of occupiers’ liability principles, building standards, historic property considerations and complex causation issues.
The Defendant also alleged contributory negligence and disputed key aspects of Diane’s account, meaning that liability remained strongly contested throughout the litigation.
Establishing the extent of the brain injury
Alongside the liability issues, the case involved substantial medical complexity.
The serious injury team obtained evidence from experts in neurology, neuroradiology, neuropsychology, neuropsychiatry, ophthalmology, ENT medicine and rehabilitation.
The medical evidence established that Diane had suffered a moderate traumatic brain injury resulting in permanent cognitive impairment. Experts confirmed difficulties affecting memory, attention, planning, verbal processing and problem-solving, together with ongoing psychological symptoms and disabling fatigue.
The injury also affected Diane’s ability to manage her own affairs. Medical experts concluded that she no longer had capacity to conduct litigation or manage her financial affairs independently. Court proceedings therefore had to be pursued through a Litigation Friend and consideration was given to future Court of Protection arrangements to protect her interests.
The claim further involved substantial issues concerning future care, rehabilitation, treatment and support needs.
Securing the right outcome
Following extensive investigations, the instruction of multiple experts and detailed negotiations we secured a substantial settlement on Diane’s behalf.
The settlement reflected both the seriousness of the injuries sustained and the significant litigation risks arising from the disputed circumstances of the accident.
The compensation will provide funding for future care, rehabilitation, treatment and support, whilst ensuring that appropriate arrangements can be put in place to manage Diane’s affairs and meet her long-term needs.
As she lacked capacity, Diane’s settlement required approval by the High Court. Following consideration of the evidence and independent Counsel’s advice, the Court approved the settlement and granted an anonymity order to protect Diane’s privacy.
Catherine Morgan, Senior Associate in our Serious Injury team, said:
“This was a particularly challenging case involving both complex liability issues and a life-changing brain injury.
The accident was unwitnessed and Diane had no memory of what had happened, which meant that establishing liability required detailed investigation and specialist engineering evidence. At the same time, we were dealing with the significant consequences of a traumatic brain injury that had affected her independence, relationships and ability to manage her own affairs.
The case required a multidisciplinary approach involving experts from a number of different fields to ensure that the full impact of the injuries was properly understood and evidenced.
Although the claim carried significant litigation risk, we were able to secure a substantial settlement which was subsequently approved by the High Court. The outcome provides our client with long-term financial security and access to the support and treatment she will require in the future. We are pleased to have achieved a result that will make a meaningful difference to her quality of life.”
