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2 April 2019 | Comment |

Traumatic brain injury from motorcycle accident results in £1M lump sum plus £23.5K a year in compensation

Our client transferred his brain injury compensation claim to the Hugh James Brain Injury Team after being dissatisfied with the service he was receiving at another firm of solicitors. He sustained a severe traumatic brain injury and orthopaedic injuries after he was involved in a road traffic collision whilst driving his motorcycle through London. The defendant driver involved in the collision was uninsured and so the Motor Insurers’ Bureau (MIB) was put in place as the defendant. Initially, the MIB denied liability alleging that our client was driving at excessive speed and had caused the accident.

The specialist brain injury solicitors at Hugh James in Cardiff were able to investigate liability by visiting the accident site, taking photographs, preparing witness statements and thereafter obtaining an expert accident reconstruction report.

The MIB made an offer in an attempt to settle liability, however, our experienced brain injury solicitors and barrister advised our client to reject the offer. After months of negotiations, liability was eventually agreed on a 60/40 split in our client’s favour. The traumatic brain injury sustained by our client meant that he lacked the mental capacity to make an informed decision, as well as instruct a brain injury solicitor. This meant that the settlement had to be approved by a judge at the High Court.

Following approval of the liability spilt an interim payment of £50,000 was agreed, which enabled the Hugh James Brain Injury Team to put case management and a comprehensive care package in place. It also funded much needed psychological therapy and occupational therapy and helped ease the financial stress being experienced by our client and his wife as a result of loss of earnings following the collision.

As part of the personal injury compensation process, our highly trained brain injury solicitors obtained appropriate evidence (both lay and expert) to assess the nature and extent of our client’s injuries. Reports were obtained from a number of experts including a neuropsychologist; neuropsychiatrist; neurologist; orthopaedic surgeon; ear, nose and throat surgeon; ophthalmologist; maxillofacial surgeon; and spinal surgeon. Non-medical reports were also obtained from experts in the fields of care, forensic accountancy, Court of Protection as well as a report from an independent financial advisor who dealt with the suitability of receiving compensation by way of a lump sum payment and a periodical payment order.

An out of court settlement was reached in this case 10 days prior to trial following lengthy negotiations. Our specialist brain injury solicitors successfully argued that a reverse indemnity, for state-funded care received, should not be a condition of the settlement.

Personal injury compensation amounting to £1 million and a periodical payment order of £23,500 (annually for life) was awarded to our client and paid into the Court of Protection as he lacked capacity to manage his property and financial affairs. His Court of Protection Deputy, Andrew Harding, Partner and Head of the Court of Protection Team at Hugh James solicitors now manages this clients financial affairs.

The specialist brain injury solicitor who ran this case is Cari Sowden-Taylor, an Associate within the Brain Injury Team at Hugh James solicitors. At the end of the claim our client’s wife and litigation friend commented “Cari, no words can express how much we have appreciated all your help and hard work over the last few years. We are truly grateful. Thank you so much”.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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