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This was a complex case in terms of both liability and the extent of the claimant’s injuries.

Caroline Morris, Senior Chartered Legal Executive

Serious Injury

After an accident left our client with a traumatic brain injury, he now faces a life with renewed purpose and a feeling of hope

The family of a man who suffered life changing injuries in a road traffic accident are looking forward to a brighter future after he was awarded nearly £4 million.

The 29-year-old sustained multiple injuries including a brain injury and loss of the use of one arm, in the road traffic accident in December 2016.

Since then, his family has struggled living in homes which don’t suit their needs. Following the legal action and settlement, they are now waiting to move into a new property which will be adapted to suit his requirements.
It also has outdoor space which will give him the freedom to get back to being outdoors and helping with manual work; something he loved to do prior to his accident.

A traumatic brain injury & respiratory failure

The father of one was riding his motorcycle when the defendant attempted to turn right across the carriageway but did not complete the manoeuvre. As a result, the defendant’s vehicle remained stationary across the claimant’s side of the carriageway, which lead to a collision.

The defendant was convicted of careless driving.

The claimant sustained injuries including a brachial plexus affecting the left arm, a traumatic brain injury, a fractured skull, a pelvic fracture. a broken eye socket and respiratory failure. He was taken to hospital and needed to be resuscitated. He remained on a life support machine until the beginning of January 2017. After many more medical procedures, he was finally discharged in February 2017.

Prior to the accident, the claimant was employed as a labourer and there is no prospect of him being able to return to work. His wife is unable to work as she has become his main carer.

A feeling of renewed purpose and hope

His wife said: “When he came out of hospital, we were staying in a two-bedroom mobile home but as time went on my husband needed more care and attention and we needed more space. We moved house in December 2019 which gave us more room, but now the case has settled and we are able to move again, it will make such a difference.

“It will give us everything that he needs, and more. He’s felt for a while that he no longer has a purpose, but this new house will give him that. There’s land with the new house and he used to really enjoy working outside so this will really help him. He has needed a focus for a while, so this will really make a difference. There is room for family to be there with us too which will be a massive support for me.”

When the accident first happened, the claimant’s wife didn’t know where to get help and says it was a scary time for the family.

She said: “I didn’t have a clue what to do, how does anyone know what to do in that situation? It was a scary time but someone arranged for three solicitors to come and see us. I was living by his bedside and didn’t know what the future would hold. But then we had the meetings with the solicitors and there was something about Fletchers that made me feel safe – I liked what they stood for.”

Support for the whole family

The case was passed to Caroline Morris, Senior Chartered Legal Executive, at Fletchers.

The claimant’s wife said: “When I first spoke to Caroline, I felt so well looked after. The accident obviously happened to my husband but it was me who was dealing with it all and Caroline made it so much easier. We didn’t know what was going to happen, but we felt very blessed to have Caroline with us every single step of the way. She made the whole family very comfortable with what was happening. She included the whole family, while keeping my husband the priority.

“It’s very rare to find a lawyer who focuses on the whole family, not just the client, but Caroline did this. The outcome of the case was obviously the priority but she always made sure that the family was comfortable. She didn’t believe in getting anything but the very best for us. Nothing I can say will ever be enough to thank Fletchers for what they have done.

“My husband is happy now because he has hope. He will never be the person he was before the accident, but there’s real hope of happy times ahead.”

An amicable agreement following a complex case

Caroline Morris said: “This was a complex case in terms of both liability and the extent of the claimant’s injuries. A denial of liability was maintained throughout the case despite strong evidence from witnesses and liability experts.

“Likewise, the extent of the claimant’s injuries was such that expert evidence from no less than 12 experts was relied upon to present an accurate account of the lifelong implications of his injuries.

“Court Proceedings were commenced and despite a denial of liability, interim payments were secured during the case to instruct a case manager and multi-disciplinary rehabilitation team to work with the claimant and his family. Sufficient funds were obtained to ensure the claimant and his family could also move to more suitable accommodation.

“Having collated the expert evidence and prepared a Schedule of Loss, the parties agreed to meet at a Joint Settlement Meeting whereupon an agreement was reached.

“I am delighted that we reached an amicable agreement for the claimant and his family. This accident has had a devastating impact on the claimant. His life and that of his wife has completely changed as a result of this accident. I was so pleased that we were able to assist the family with his case, working together to ensure we gain the best possible outcome for him, both in terms of his rehabilitation and ultimately the settlement we secured for him.”

Case Personnel

Caroline Morris - Senior Chartered Legal Executive

Key case timeline

Injury

The father of one was riding his motorcycle when the defendant attempted to turn right across the carriageway but did not complete the manoeuvre. As a result, the defendant's vehicle remained stationary across the claimant’s side of the carriageway, which lead to a collision. The defendant was convicted of careless driving. The claimant sustained injuries including a brachial plexus affecting the left arm, a traumatic brain injury, a fractured skull, a pelvic fracture. a broken eye socket and respiratory failure. He was taken to hospital and needed to be resuscitated. He remained on a life support machine until the beginning of January 2017.

Resolution

The family are looking forward to a brighter future after he was awarded nearly £4 million.

Now

Following the legal action and settlement, the family are now waiting to move into a new property which will be adapted to suit his requirements. It also has outdoor space which will give our client the freedom to get back to being outdoors and helping with manual work; something he loved to do prior to his accident.

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