£4 Million Settlement For Head Injury Claimant

 Mr M, at 31 years old, was a passenger in a car that left the road and collided with a tree:

  • He suffered a major head injury together with soft tissue injuries to the neck and back
  • He had loss of hearing in his left ear with tinnitus

The consequences of the head injury were severe. Mr M suffers from:

  • Poor memory,
  • Severe loss of concentration and reduction in speed of thought
  • Loss of drive and motivation
  • A fundamental change of personality, reactive depression, and chronic and severe anxiety. 
At the time of his accident, Mr M was employed as a computer systems analyst. He was capable and ambitious, and had potential to increase his earnings. Sadly, as a consequence of the injuries he suffered, he will never return to paid work.  Following his discharge home, he became completely dependent on his partner. His partner was no longer his partner but his carer, placing considerable strain on their relationship. It was clear that Mr M would always require 24 hour care and assistance.

Mr M was also unable to manage his financial affairs. He was therefore made a patient of the Court of Protection and a Receiver was appointed to manage his affairs. 

Nelsons was able to secure:-

  • An early admission of liability
  • Funding to purchase a house so that Mr M’s accommodation needs were met
  • Regular interim payments to replace his earnings and those of his partner during the progress of the case  

As his condition did not improve with time, we arranged for a Case Manager with experience of brain injury to prepare a rehabilitation plan.

We secured funding from the insurer for a period of residential rehabilitation at a specialist brain injury unit where he received regular sessions of psychotherapy and physiotherapy, and engaged in workshops to develop new skills. He was also taught how to plan and to manage his anxiety.

Following his discharge from the unit, a care package was initiated at home and a support worker was engaged, supervised by the case manager.   It was only at this point that the case became capable of settlement. 

After intensive negotiations, the parties agreed settlement, subject to Court approval, for the sum of £4million to include: 

  • Compensation for injury
  • Past and future loss of earnings
  • Rehabilitation costs
  • Past and future care needs
  • Court of Protection costs
  • Loss of pension
  • Future medical treatment costs
  • Future domestic assistance costs

The High Court at Birmingham approved the terms of settlement.   

Mr M continues to live with his partner who, with help and support, remains one of his carers. While Mr M can never be how he was before the accident, the settlement will ensure that his lifetime needs are met.