Success Stories for Adult Brain Injury Claims
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Multi-million pound award for pedestrian hit whilst crossing the road
Our client, a young successful professional, was crossing at a pedestrian crossing when she was involved in a collision with a motorcycle being driven at excessive speed. She sustained a severe traumatic brain injury as well as multiple fractures to her legs, arms, ribs and pelvis. Our client was left with severe retrograde amnesia, impaired cognitive function, gross loss of emotional and behavioural control and a personality disorder. She requires care and supervision on a 2 to 1 basis for the rest of her life. The claim settled following mediation for in excess of £8 million.
Multi million pound award for head injured client
Our client was a market stall trader who sustained a serious brain injury when the van in which he was a front middle seat passenger was in collision with a bus. Our client was not wearing a seatbelt. He was left with difficulties with cognition, memory and frontal executive function and serious psychological, emotional and behavioural problems. He would never be able to work again and required 24 hour care for the rest of his life. The Defendants contended that direct payments were available from the Local Authority and joined the Authority in the proceedings to reduce their liability. The Court approved a 15% reduction for contributory negligence and a net settlement figure of £3.75 million, with no reverse indemnity, thus allowing our client to claim and retain direct payments with a potential value of £1.6m over his lifetime.
Catastrophic brain injury due to hospital failure to manage condition
The Claimant, Mrs R was a 58 year old woman originally from Mauritius. She suffered a moderate stroke in December 2003 after which she was weak down the right side and her speech was slightly slurred. There was also some weakness on the right side of the face but she could be understood and she was coherent and rational. Due to the Defendant’s subsequent failure to properly manage her condition in January 2004, she suffered a more significant stroke. This second stroke left the Claimant with catastrophic mental and physical disability. She suffered a dense right hemiparesis (paralysis down the right side) with severe aphasia (disorder of language). As a result she is unable to walk more than a few yards with a leg brace. She became dependent upon a wheelchair outside of the house and as she deteriorates with age she is likely to need to use one inside the house too. She has no use of her right arm and needs assistance with most activities of daily living. She cannot speak and has no means of communicating unaided. It is questionable how much of the spoken word she understands. She was significantly cognitively disabled.
Liability for the Second Stroke was admitted after the liability experts produced their joint statements. After extensive medical and quantum evidence was obtained, the court had no hesitation in approving a settlement of the claim for the injuries sustained by the second stroke of a lump sum of £1.25 million together with annual periodical payments of £110,000 for the remainder of the Claimant’s life.
Brain damage during ENT surgery
Our client, in his late 50s, sustained brain damage when the Ear, Nose and Throat surgeon performing his ear operation negligently perforated the dura (brain membrane) with his scalpel. The error was confounded by the surgeon’s failure to notice and repair the injury either during the surgery itself or over the following week during which our client noticed cerebral spinal fluid leaking from his ear. Our client required further surgery to repair the dura. He suffered a significant, but subtle brain injury which resulted memory loss, poor concentration, word-finding difficulties, an inability to plan or adapt to any change in routine and personality changes. He was able to return to work with the support of his employer, but required assistance with day to day activities. The claim settled shortly before trial and our client received £525,000 in compensation.
Accident on boarding an aircraft
Our client was a passenger on a British Airways flight from Tel Aviv to London. On boarding and before take off she was hit on the head by an overhead locker. Our client was recovering from major brain surgery at the time and had recently been discharged from hospital in Tel Aviv. She alleged that the blow to her head had caused a relapse of symptoms including seizures (fits) which the surgery had been meant to rectify. She also reported problems with her sight, a lack of feeling in her right arm and leg, and became depressed. Under the Montreal Convention, our client was entitled to hold British Airways responsible for her injuries as these had taken place whilst boarding the aircraft. British Airways settled the action shortly after court proceedings were issued for a sum which we cannot disclose as our client is bound by a confidentiality agreement.
Cyclist hit by car on wrong side of the road
Mr X suffered serious head injuries when he was knocked off his bicycle by a car driven by the Defendant. Liability was in dispute throughout. His injuries included frontal lobe injuries which resulted in language and communication difficulties and some intellectual impairment. There were no independent eye witnesses to the accident. Our investigations found a tyre mark on the road which showed that the defendant’s car was on the wrong side of the road at the time of impact. Following negotiations, the claim settled for £350,000.00, which took into account Mr X’s failure to wear a cycle helmet.
Misdiagnosis and inappropriate drugs
The Claimant stopped taking Warfarin in preparation for a heart valve operation on the advice of doctors. The operation was cancelled, but Warfarin treatment was not recommenced. As a result of this medical negligence the Claimant suffered a major stroke and was left with reduced life expectancy, impaired mobility, difficulty swallowing and incontinence. The medical negligence claim settled for a lump sum of £105,000 plus additional annual payments of £40,000 to fund private care for the duration of the Claimant’s life.
Battling with Motor Insurers Bureau
Miss C was a rear seat passenger in a car driven by an uninsured driver. The car was travelling in the bus lane when it skidded in a pool of water, the driver lost control and there was a head on collision with a bus travelling in the opposite direction. The Motor Insurers Bureau (MIB) on behalf of the uninsured driver denied liability, saying that Miss C knew or should have know that the driver was uninsured and so shouldn’t have been travelling with him. The MIB also argued that she was not wearing a seat belt and that she was therefore responsible for her own injuries. Miss C had serious head injuries and could not give any reliable evidence herself about whether or not she knew the driver was uninsured. We obtained statements from her friends and family to show that she probably did not know, and we secured evidence to show that the seat belt was not working. Following negotiations the MIB made an offer, which Miss C accepted, to pay 90% of the award, and paid out £200,000.
Bolt Burdon Kemp Double Initial Compensation Award
We represented Mr U who had been the victim of a vicious assault which left him blind in one eye and with a severe permanent brain injury. His attackers were never found by the police or convicted of their crime. Mr U was cared for by his ex wife in the former matrimonial home, and she initiated a Criminal Injuries Compensation Claim on his behalf, with our help. The claim was accepted by the CICA and it was clear that there would be an argument on the severity of the injury, and the care and Court of Protection costs, which made up the bulk of the financial loss claim. The CICA originally offered £88,650 which we rejected. We went on to obtain independent evidence from doctors and a care expert. Once confronted with this evidence, and a fully detailed schedule supporting our client’s losses, the CICA increased their award to over £190,000, which we accepted. This will form a fund to assist our client for the future: he wishes to return to Nigeria where he wants to build a house on family land and settle with relatives who will look after him.
Fall over low parapet wall into basement flat
Our client rented a Victorian/Edwardian type first floor flat from a professional landlord. It is presumed that the Claimant fell over a low parapet wall into the basement flat area below which was a 15 foot drop onto concrete as he was trying to open his front door. The Claimant had been drinking in a local pub with a friend on the night of the accident. The Claimant sustained a traumatic brain injury as a result of the fall and could not remember the accident. There were no witnesses. At the time of the accident the Claimant was a chef and it was his goal to become a head chef. As a result of his brain injury he was unable to pursue this career but was able to continue working as a chef at a low level. We issued court proceedings against the professional landlord and obtained compensation for our client in the sum of £275,000 at a joint settlement meeting.
Falling concrete block
Mr H, a construction worker, was hit on his head by a falling concrete block. He sustained a fractured skull, loss of consciousness and permanent loss of sense of smell and taste. Psychologically he suffered some cognitive deficits, reduced organisational skills, short term memory problems and mild depression. He won £285,000 in compensation.
Misdiagnosis of brain tumour
Our client, who had a previous history of breast cancer, was misdiagnosed with a brain tumour secondary to terminal metastatic breast cancer. She sold her home, settled her affairs and moved into a hospice. She received palliative care including whole brain radiotherapy. When her condition failed to deteriorate, she was eventually sent for further investigations. A brain biopsy when showed the tumour to be benign and it was surgically removed. She received approximately £265,000 in compensation for her neuro-psychological injuries and financial losses.
Falling pallet causes head injury
Mr R sustained serious head injuries when, while he was working as a forecourt attendant, a metal pallet fell from the back of a lorry onto his head during the delivery of stock to the service station. Liability was agreed in the proportion 90/10 in the Claimant’s favour. Mr R sustained a fracture of the left side of the skull, contusion of the right temple lobe of the brain and a thin subdural haematoma in the right parietotemporal region. Fortunately, Mr R made a remarkable recovery from his injuries and we were delighted to achieve a settlement for him of £150,000.00
Oklahoma resident injured in RTA in England
Our client was an agricultural student at an English college and injured when a passenger in a car. The driver had looked down to change the cassette. Our client’s family business was farming hogs. His head injury affected his future career. The Defendant’s insurers refused to accept that our client was permanently affected by his injuries and were not prepared to pay what we regarded as an appropriate sum in compensation. We arranged for his parents and the family lawyer to attend court in England to give oral evidence to the judge. The latter was persuaded that our view was correct and awarded substantial damages beating the Defendant’s payment into court.
Pedestrian hit by car on pedestrian crossing
Mr S was hit by a car as he was walking to work early one morning. He sustained a severe head injury and was unable to return to work. Liability was disputed until the day of trial when a compromise on liability was agreed and a settlement of £165,000.00 was reached at the court doors.