By Huw Ponting, Acquired Brain Injury Legal Expert and Head of Enable Law’s Personal Injury Team
Jason (name changed to protect his identity), a digital marketing professional in his early thirties, sustained a catastrophic traumatic brain injury (TBI) during a work-related filming assignment.
He was filming a video from the back of a pickup truck when the vehicle swayed dangerously resulting in him falling out.
The fall was significant and resulted in him suffering a severe traumatic brain injury.
He needed emergency surgery to alleviate swelling of his brain and was fitted with an intracranial pressure monitor.
Following the acute phase of his treatment, Jason spent a year in a specialised neurological rehabilitation facility before being transferred to a slow-stream rehabilitation centre.
Jason’s injuries resulted in profound and persistent wide ranging neurological damage, including cognitive impairment, severe chronic fatigue significantly impacting his ability to participate in daily activities, double incontinence requiring ongoing management and specialised care as well as severe mobility restrictions limiting independence and requiring one-to-one support with everyday tasks.
He also suffered from chronic pain requiring ongoing pain management strategies and required PEG feeding due to difficulties swallowing and a risk of choking.
The significant cognitive impairment meant he could no longer make decisions for himself either in relation to managing his finances or his care.
The legal claim
Jason and his family needed urgent assistance.
His deficits were beyond what his family could cope with and the emotional and financial strain within the family were not sustainable.
His wife came to Enable Law for legal advice and their specialist brain injury legal team took on the case.
Jason’s case was complicated mainly because of a liability dispute involving two possible defendants: his employer and the client for whom the filming was being done.
The second defendant proved uncooperative and engaging them in the process required extensive negotiation and mediation.
Jason’s employer on the other hand was keen to support him and his family.
Enable Law quickly put together a multi-disciplinary team to help meet Jason’s immediate needs.
That included appointing a statutory services advocate and a specialist brain injury case manager who combined to obtain both statutory and private support.
Identifying and securing suitable long-term accommodation, considering Jason’s complex needs, was also a critical aspect of the case.
Through persistent negotiation, liability was settled in Jason’s favour albeit subject to a small reduction for contributory negligence..
The deduction reflected Jason’s own actions such that he should have taken greater steps to secure himself to the vehicle.
There was a risk that at trial a greater reduction might result. Once liability was settled we secured additional monies to fund the care plan Jason needed and meet his immediate nees.
A financial deputy was also appointed to manage these payments as Jason did not have capacity to make financial decisions.
Choosing an expert – why does it matter?
During the earlier stages of mediation and negotiation a £5 million offer was received to settle Jason’s case. On advice that offer was declined.
The expert medical evidence as well as the reports received from experts in care, rehabilitation and accommodation demonstrated that this amount would not meet Jason’s very complex lifelong needs.
He would need 2:1 care and a Deputy to manage his financial and property affairs. It would also be insufficient to allow the purchase of a suitable adapted property.
Even though rejection of the offer would extend the litigation Enable Law had already secured interim payments to help meet Jason’s ongoing needs.
It was vital that his final compensation would put him back as much as would be possible to what life would have been like had the accident not happened
Jason’s case was eventually settled for £9 million.
How did Enable Law make a difference?
Jason’s case highlights the importance of firstly retaining the right solicitors with experience in dealing with complex brain injury claims, and in turn putting together a multidisciplinary team to focus on securing the right rehabilitation all to be coordinated by an experienced brain injury case manager.
Furthermore, it demonstrates that persistent negotiation and robust medical evidence are crucial for securing the right compensation in complex cases on both liability and quantum issues.
Addressing capacity issues early and securing the appointment of a skilled Deputy is essential for protecting the interests of vulnerable clients, as is securing interim payments to prevent financial hardship while waiting for the final settlement.
Finally, it underscores the importance of rejecting initial settlement offers that do not reflect the true lifetime cost of care.
Huw Ponting and the team have decades of experience negotiating very complex cases involving clients who have suffered complex brain injuries.
They understand clients’ long-term needs and instruct the right experts evidence them.
Being expert negotiators translates into better outcomes for clients and their families thus allowing clients the highest possible quality of life.
Who are Enable Law?
Enable Law are a specialist personal injury and clinical negligence law firm supporting people who have suffered life changing injuries get their lives back to where they would have been had their injuries not happened.
We have one of the most well-regarded acquired brain injury teams in the country and are persistently ranked as a best-in-class law firm by independent legal directories.
The firm is trusted by multiple brain injury support charities including Headway and the Child Brain Injury Trust and are often referred clients by medical professionals who want to help their patients get the support they need following suffering a traumatic brain injury.
To have a free, confidential discussion with them about anything that concerns you or to make a referral contact Huw direct at Huw.ponting@enablelaw.com or call him on 03303 116848.
