Brain injury – a case study

We recently settled the brain injury claim of Mr C. This arose out of an accident at work on 11th January 2008 when a cage with Mr C in it fell off the forks of a fork lift, falling 20 or 30 feet to the ground.

As a result of this accident the claimant sustained multiple injuries, including a brain injury, and spent over four months in hospital. His most notable injuries were:

• Skull fracture
• Loss of smell and taste
• Neurological symptoms
• Psychological symptoms
• Problem with swallowing/choking
• Fracture of five upper thoracic vertebrae
• Plate fractures at T1 to T4
• Fracture to his ribs
• Fracture to his toe

To his credit, Mr C made a remarkable (but partial) recovery from his brain and other injuries and attempted to return to work fifteen months after the incident. He originally went back part-time, but the physical demands of the job meant he was unable to maintain his work and could not work from October 2010.

Despite the very impressive recovery, Mr C was left with some significant residual problems, from his brain and orthopaedic injuries. This affected his mobility and caused fatigue.

Brachers were instructed in August 2008 and acted on a no win no fee agreement. We were able to obtain the agreement of the defendant to involve a rehabilitation company. This meant Mr C was not relying on NHS waiting list and there was a greater degree of co-ordination with treatment. Mr C was able to access treatment quicker and the rehabilitation company remained with him throughout the claim. They were also able to accompany him on return to work meetings and carried out a number of vocational tests which highlighted what he could and could not do.

Whilst rehabilitation treatment continued, medical evidence was obtained from a variety of different experts ranging from neurological to orthopaedic to establish the extent of his brain and other injuries. It was clear that Mr C would be unable to return to full time work and that he will require assistance with housework and general DIY.

To assist the Court, reports from an Occupational Therapist were obtained. (One of the more interesting suggestions was that money should be set aside for Mr C to take a travel buddy on holiday each year to provide companionship and general care and assistance during any bad days). A Settlement Meeting was arranged which was conducted by our leading head injury specialist, Mark Gore.

After 3 hours of negotiation, settlement was agreed in the figure of £525,000.

Due to the large sum of money involved Brachers also provided advice and were instructed to assist in the setting up of a Personal Injury Trust and arranged access to investment advice.

This will enable Mr C to control and utilise his compensation so it provides the maximum benefit to him.

This content is correct at time of publication