Our client, Jeremy Barker, was driving at around 70mph, keeping pace with the traffic, when a van suddenly moved into his lane. With no time to react, the impact struck Jeremy’s vehicle and sent it spinning before crashing into the central reservation.
Jeremy was left facing injuries that would prove life-changing: a traumatic brain injury and serious damage to the vestibular system, the part of the body that governs balance, spatial awareness and stability.
Making a legal claim
In the aftermath, Jeremy did what many people do. He started a claim through his insurer, trusting that the process would be handled. But, as time went on he realised his case wasn’t being treated with the care it needed. His symptoms weren’t static. They were evolving, complex and difficult to untangle and he felt his solicitors were not recognising the seriousness of what was developing, or the true value of the claim.
Losing confidence, Jeremy made a decisive move and he transferred his case to our Serious Injury team. By the time we became involved, it was clear this was not a straightforward injury claim.
Symptoms following the injury
Jeremy’s condition developed into a complicated and overlapping set of problems. He experienced visually induced dizziness, tinnitus, poor balance and broken sleep. Fatigue became a constant factor in his life, both mentally and physically. His vision blurred; his eyes felt heavy; headaches set in. Light and noise became hard to tolerate.
He suffered hearing loss, nausea and vomiting. His memory and concentration were affected, and his thinking could be interrupted mid-flow, leaving him struggling to hold onto a thought. Alongside the neurological and sensory problems, he also had pain in his lower back, knees and hips, and intermittent pins and needles in his limbs.
Psychological impact
The emotional symptoms were just as real. Jeremy’s mood changed. He became irritable and low and depression soon followed. Social situations became difficult to manage. Sleep was disturbed by nightmares, and his emotions could swing unpredictably. Every part of his life was touched by what happened on that motorway.
The Defendant admitted responsibility for the collision itself, but the case quickly became a battle over causation; which of his injuries and symptoms could be legally traced back to the crash. The Defendant alleged exaggeration and suggested that Jeremy’s ongoing had alternative, non-traumatic explanations.
Challenging case
At the heart of the dispute were challenging medical issues: delayed onset pathology, the overlap between organic injury and functional neurological conditions, and whether disorders that developed later were still accident related. This meant the case had to be built carefully, with evidence strong enough to withstand intense scrutiny.
We carried out extensive analysis of Jeremy’s medical records and gathered extensive lay evidence to show how his symptoms emerged, progressed and affected his everyday life. Crucially, we instructed leading experts across neurology, neuro-otology, psychiatry, pain medicine and rehabilitation because no single specialty could explain the full picture on its own.
That detailed work established that Jeremy had suffered a concussive injury affecting the auditory and vestibular systems. The evidence supported diagnoses including post-traumatic Ménière’s disease, Persistent Postural Perceptual Dizziness, Functional Neurological Disorder (FND) with motor impairment, psychiatric injury and a probable mild traumatic brain injury.
Conclusion of the case
The Defendant continued to fight. They relied on eminent experts to argue that key elements of Jeremy’s condition were idiopathic, unrelated to trauma and arising independently. Joint statements were prepared, the issues narrowed, and the matter moved steadily towards an eight-day High Court trial, listed for October 2026.
However, the case did not ultimately need to be decided by a judge. At a highly contested mediation, with both sides fully aware of the risks of trial and the strength of the evidence, the claim settled for a significant sum. It was a result that reflected not just the seriousness of Jeremy’s disability, but the exceptional medical complexity of his injuries and the permanent impact the crash had left him to carry.
Jeremy said:
“The injuries I suffered after the accident had a devastating effect on my health, independence and personal life. The consequences became more serious over time, making everyday life extremely difficult and leaving me facing an uncertain future. Reaching this settlement is an important step forward, giving me financial security and the opportunity to access the support I need. I would like to thank Mark for helping me through the process.”
When Jeremy decided to change his legal representation to a different firm and contacted us, he was directed to our expert serious injury solicitors.
Mark Robinson, Partner in our Serious Injury team acted for Jeremy and said:
“Jeremy’s life changed in an instant and what struck me from the outset was the extent to which he was having to work simply to manage day-to-day life. His presentation did not follow a straightforward course; his symptoms evolved over time into a complex and overlapping picture involving vestibular dysfunction, neurological sequelae and psychiatric injury. That complexity, and the Defendant’s position on causation, meant the claim required a particularly careful and rigorous approach.
From the point Jeremy instructed Hugh James, my priority was to ensure he felt properly supported and that his concerns were taken seriously, while we obtained the evidence required to withstand close scrutiny. We undertook a forensic review of the medical records, obtained detailed lay evidence to demonstrate the progression and functional impact of his symptoms, and instructed leading experts across the relevant disciplines so that the full picture could be properly understood.
I am pleased we were able to secure a significant settlement at a highly contested mediation. It reflects the seriousness and permanence of Jeremy’s injuries and, importantly, provides financial security for his ongoing treatment, rehabilitation and long-term support.”
