Mr Justice Goldring, sitting in the High Court at Birmingham, has approved the terms of an out-of-court settlement for the sum of £4million for Mr M, who suffered severe head injuries when a car he was a passenger in left the road and collided with a tree.
Acting on behalf of Mr M, Chris McKinney, a partner and personal injury specialist at East Midlands’ law firm, Nelsons says: “Each year, approximately one million adults and children in Britain have a head injury that puts them in hospital, and approximately 170,000 of those suffer brain damage, half of whom are left with a disability.
“Because life after head injury can be unpredictable, as the full extent of the injuries may not appear immediately after the accident, the future can be uncertain and difficult for both the injured person and his or her family.
“Mr M suffered severe head injuries as a result of his accident, leaving him with a permanent disability. While he can never be the way he was before the accident, this settlement will ensure that his lifetime needs are met.”
Mr M, who was 31 years old at the time of the accident, was treated in hospital for 10 days after the accident, suffering from a major head injury together with soft tissue injuries to the neck and back, and loss of hearing in his left ear with tinnitus. After being discharged home, he was cared for by his partner.
According to Chris McKinney, the consequences of the head injury were severe. He explains: “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, he 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, it became clear that the claimant had lost any ability to motivate himself and enjoy life. He became completely and exclusively dependent on his partner, and it was clear that Mr M would always require 24-hour care and assistance. Because Mr M is also unable to manage his financial affairs, he was made a patient of the Court of Protection and a receiver was appointed to manage his affairs.
Chris McKinney says: “Nelsons was able to secure an early admission of liability. This meant we were able to arrange funding from the insurer to purchase a house so that Mr M’s accommodation needs were met. Regular interim payments were also arranged to replace his earnings and those of his partner to ensure that during the progress of the case their needs were met and they did not have any immediate financial worries.
“As Mr M’s condition did not improve with time, we arranged for a case manager with experience of brain injury to prepare a rehabilitation plan and securing funding 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 discharge from the residential unit, a care package was initiated at home for Mr M and a support worker was engaged, supervised by the case manager. It was at this point, says Chris McKinney, that the case was capable of settlement. He continues: “Nelsons prepared a full schedule of past and future loss, Senior Counsel was engaged and terms of settlement were negotiated 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, and costs for future medical treatment and domestic assistance.”
Mr M continues to live with his partner who, with help and support, remains one of his carers.
