Multi million pound settlement for traumatic brain injury

Our client was a pedestrian crossing a road at a zebra crossing when she was hit by the defendant’s vehicle. The defendant initially admitted primary liability for the collision but argued that our client had contributed to what happened.

It was alleged that she had run into the road, crossed at an angle and without warning, and had been distracted by looking at her mobile phone. This raised the question of contributory negligence, which is where someone may be considered partly responsible for the incident that caused their injuries.

Our experts gathered further evidence about how our client had used the zebra crossing. This included visiting properties close to where the collision happened and obtaining witness statements.

Following this work, the defendant admitted liability in full. This meant our client was no longer facing an argument that her actions had contributed to the collision.

The collision caused our client to suffer a mild to moderate brain injury, as well as soft tissue injuries. She was discharged from hospital to her home the following day.

Her brain injury caused fatigue and headaches, and she initially lost her sense of smell. However, the most debilitating effects were difficulties with her memory, processing speed, concentration, decision making and problem solving. These symptoms meant she could no longer manage the busy and demanding lifestyle and employment she had before the collision.

At the time of the collision, our client held a highly demanding and very well-paid position in the financial sector. Her work required her to take information from multiple sources and make rapid judgements. These were abilities directly affected by her brain injury.

She attempted a gradual return to work 18 months after the collision. However, her continuing head injury symptoms meant she could not cope with the demands of her role. Not long after returning, she left her employment by mutual agreement.

Our client was keen to continue earning a high income to support her family. She applied for a number of positions and eventually secured alternative employment. Although the new role was lucrative, it did not provide anything close to the salary she had earned before the collision.

Understanding the full impact of a brain injury can require evidence covering both the medical effects and what those effects mean for someone’s working life.

In this case, leading medical experts in neurology, neuropsychology and neuropsychiatry were instructed. Evidence from an employment expert was also an important part of the claim.

The expert evidence was that our client had suffered a mild, probable traumatic brain injury. It also concluded that the injury placed her at a significant disadvantage in the open labour market and that she would be able to return to work in a significantly less demanding role.

Our client’s case shows how an injury described as being towards the milder end of the traumatic brain injury spectrum can still have far-reaching consequences.

For our client, the effects went beyond her initial physical symptoms. Difficulties with memory, concentration, processing information and decision making affected her ability to perform the demanding work she had previously undertaken. The expert evidence helped establish what those continuing difficulties meant for her future employment.

Our client’s legal team met with the defendant at a Joint Settlement Meeting in an attempt to resolve the claim. The case did not settle at that meeting, but the discussions helped narrow the issues between the parties.

The claim settled shortly afterwards for a high seven-figure sum. The settlement reflected a case in which the effects of a traumatic brain injury had significantly changed our client’s ability to continue the demanding and highly paid career she had before the collision.

The outcome followed detailed work to establish both responsibility for the collision and the effect of the brain injury on our client’s working life.

Matthew Claxson led the claim, supported by the wider legal team and specialist expert evidence. The case ultimately concluded with a high seven-figure settlement for our client.

The case highlights why the practical effects of a brain injury matter. Even where an injury is medically described as mild, symptoms affecting memory, concentration and decision making can have substantial consequences for someone whose career depends on those abilities.