On 21st August, the Association of Personal Injury Lawyers (APIL) is supporting and promoting Injury Prevention Day, which aims to raise more…
Case study: Brain injury following motorcycle accident
As personal injury solicitors, we’re only too aware of how devastating the effects of a brain injury are.
It can cause both physical and psychological changes, including thinking and learning difficulties, memory loss and behavioural and personality changes, all of which can have a profound impact on the quality of the sufferer’s life.
Fortunately head and brain injuries are relatively rare; however as the case study below demonstrates, we have the expertise to support those affected.
In 2006, our client was thrown from his motorcycle following a collision with a vehicle. At hospital he was found to have suffered a closed head injury, in addition to cervical spine injuries and soft tissue on his shoulders and hip.
Assessment of our client’s head injury found him to be having difficulties with flexibility, attention span, visual fluency and finding words. He suffered considerably with fatigue. He had lost the intellectual ‘edge’ he had prior to his accident and could no longer visualise solutions to problems.
Whilst full liability was not admitted on behalf of the defendant’s insurers for some time, primary liability was accepted early, and interim funding was agreed. This funding was to put in place a comprehensive rehabilitation and support package to maximise our client’s prospects of recovery and secure his financial position.
Our client’s recovery plateaued and it became clear that he could never return to his pre-accident employment as a partner in a commercial law firm.
The injuries he sustained also left him irrevocably changed; his ability to manage his day-to-day affairs, interact socially and partake in sports were all impaired. His personality and behaviour changed, and he suffered depression.
The calculations of our client’s losses for our client were particularly complex, in particular with regard to the future income he was likely to have received as a Partner in his law firm.
This case ultimately settled following a meeting of both parties and their legal representatives for a seven figure lump sum together with annual tax free periodical payments of a 6 figure sum over 10 years. At our client’s request these annual payments were linked to RPI and remain payable to our client’s estate should he die within that 10 year period.
This sum was considered sufficient to secure his financial future and enables him to deal with the effect of his brain injury, the consequences of which will be with him for the rest of his life.