Settlement obtained for pensioner after suffering a traumatic brain injury

The client was crossing a road when she was hit by a vehicle. She suffered a severe traumatic brain injury and a fracture to the base of her skull.

The injuries were life changing. She required neurosurgery and spent several months in high dependency care.

Before the collision, the client had been in good health and lived independently. Following her injuries, she experienced memory problems and speech difficulties. She also lost the mental capacity to manage her own personal and financial affairs.

By the time Damian Horan and the wider team became involved, the client had been discharged from hospital to a care home.

She required 24-hour care and supervision, but it quickly became clear that the placement was unsuitable. The environment did not provide the specialist rehabilitation and therapy needed to support her recovery and help her regain as much independence as possible.

Despite an early admission of liability, funding for rehabilitation was not being provided.

An early assessment by a neurorehabilitation expert helped establish the client’s ongoing needs.

When attempts to secure rehabilitation funding were unsuccessful, legal proceedings were issued. Stuart McKechnie KC was instructed and an application was made to the court for a substantial interim payment.

The application succeeded, unlocking vital funding while the claim continued.

The interim payment made it possible to put a specialist rehabilitation team in place for the client.

This included a brain injury case manager, a neuropsychologist and an occupational therapist. Funding was also secured for suitable private rental accommodation and a 24-hour support package.

These measures helped move the client out of an unsuitable care setting and into accommodation better suited to her needs. They also ensured she could access the therapies required to support her recovery.

The claim faced additional challenges when the insurer argued that the client had contributed to the accident.

Because of her brain injury, she had no memory of the collision. There were no independent witnesses and only limited police evidence available.

However, dashcam footage of the incident was obtained and an accident reconstruction expert was instructed to analyse the evidence. This made it possible to examine the circumstances of the collision in detail.

An earlier offer from the insurer, which proposed a 20% reduction in damages, was rejected as inadequate.

Following a Joint Settlement Meeting, an agreement was reached that reflected a 10% reduction for contributory negligence rather than the 20% reduction previously proposed.

The settlement included a seven-figure sum together with periodical payments to fund the client’s future needs.

As the client lacked capacity, the settlement required court approval. After reviewing the evidence and legal advice, the court approved the agreement as a fair and reasonable outcome.

The settlement ensured funding for the client’s 24-hour care package, case management and private rental accommodation for the rest of her life.

It also guaranteed continued access to the specialist support and rehabilitation she needed following her traumatic brain injury.

For the client and her family, the outcome provided long-term financial security and the reassurance that her care and support needs would continue to be met in the years ahead.

If you or a loved one has suffered a serious injury following a road traffic collision, we’re here to help. Our expert serious injury solicitors can support you in securing the rehabilitation, care and compensation needed to move forward with confidence. Get in touch today for free, confidential advice about your situation.