Brain injury claim settlement brings positive improvement for man hit by car
Emma Hall settled a personal injury claim on behalf of her client who was involved in a road traffic collision in March 2020. Brian* was on a pedestrian crossing when he was hit by a car. The driver did not intend to stop, but was prevented from leaving the scene by a bus and other vehicles who witnessed the collision.
Brian suffered a severe brain injury in the collision and was admitted to a major trauma unit. However, due to the start of the Covid-19 pandemic, he was only in hospital for 11 days before he was discharged ahead of the nationwide lockdown.
Brian and his wife were left with nowhere to turn. They received a date for an outpatient appointment, but no therapy was offered. It was an unprecedent situation, where appointments were being cancelled and therapy switched to remote video calls only. Brian had little understanding of the support available to help him.
Approximately six weeks after the incident, he contacted Jill Greenfield who immediately put in place a rehabilitation case manager. While therapy would be remote to start with, it was imperative that support was available as soon as possible to ensure the best possible recovery for him.
As lockdown started to ease, many of Brian's therapy team dropped away as they were unable to carry out face-to- face sessions. His case manager had also changed and the focus appeared to be on stepping-down Brian's therapy, despite him still needing a high level of support. This was complicated by his suffering a heart attack in August 2022.
Therefore, in the summer of 2023, a decision was made to overhaul Brian's case management and therapy team. He was very anxious and it was clear that his current therapy regime was no longer in his best interests. Emma arranged for a new case manager who immediately formed a new multi-disciplinary team that focused on neuropsychology, vestibular and MSK physiotherapy, plus occupational therapy. Brian had also started attending Headway sessions twice a week, which helped him to meet new people.
Liability in the claim was admitted. No criminal proceedings were brought against the driver as he died approximately six months after the accident.
Emma arranged for expert evidence to understand Brian's future therapy needs and prognosis and to address his capacity.
Evidence from the neurologist confirmed that Brian had suffered a moderate-severe traumatic brain injury, and the neuropsychologist and neuropsychiatrist agreed that he lacked capacity to litigate and manage his financial affairs. They also agreed that he required ongoing therapy and support, which would hopefully start to improve his anxiety and cognitive impairment.
The Defendant agreed that Brian had suffered a moderate severe traumatic brain injury but disagreed that he lacked capacity.
A Joint Settlement Meeting between the parties was unsuccessful since they were still some distance apart in their quantum assessments of the claim, and the parties agreed to secure further expert evidence to narrow the issues in dispute. The Defendants then agreed to settle the claim for a 7-figure sum that Brian was happy to accept. Brian is a protected party and the settlement will be subject to approval by the Court.
It was clear that with the right therapy team in place, Brian is starting to show real improvement, to the extent that he was able to fully participate in discussions about his case. There is still scope for further improvement and his therapy will continue after his settlement is approved and his claim is finalised.
Following the settlement, Brian said "The unfortunate timing of my accident with the start of COVID meant that the immediate help arranged by Fieldfisher was our only lifeline. My early team were my "saving angels". While a great team and therapy plan were formed, COVID prevented enough contact to make real progress early.
But Fieldfisher arranged a replan and restart. This has allowed a very intense and coordinated approach that has been fantastic. The improvement I have shown in the last year, in fact in the last 3 months is amazing. Everyone has seen it. We can see a real life ahead now.
The effectiveness and adaptability shown by Fieldfisher and the therapists they arranged has been a life saver. Contacting Jill, Emma and Fieldfisher was the best move we could have made
His wife said " We were isolated and alone until we contacted Fieldfisher. I was scared. My husband was extremely vulnerable during a major pandemic, and I had no clue how to help him and keep him safe. The Royal London Hospital sent me home with a brain injury survivor but no tools how to help him or keep him alive. I was working full time and had to leave my very vulnerable partner alone, with no family or friends being able to visit.
I was so scared that I would come home from work one day and he would be further injured or have even died. I was working in a Grocery Store, being exposed to large numbers of people daily who weren't following all the suggested precautions to avoid spreading Covid. Each day I put him at risk by working but I had no choice. It was our only income.
The only advice the NHS had was if he had a seizure, I was to call 999. Any other issues they couldn't help with at this time. Everyone who could help were on lockdown. I was constantly scared and worried about everything.
Fieldfisher saved my life as well as Brian's in many ways. I was no longer on my own.
In the last 6 months we have seen unbelievable improvement. My husband has come back a little bit. He is a miracle just to survive his accident. With the extensive damage to his brain, he shouldn't be able to walk or talk. With Emma setting up our new therapy team and our case manager Kirsty co-ordinating, I now have hope for the future. I am no longer fighting all the battles this event has caused in our life alone. I have a team who are working with me! I am no longer alone and scared."
* name changed
Contact us
For further information about road traffic accident claims and personal injury claims, please call Jill Greenfield on 03304606778 or email jill.greenfield@fieldfisher.com.
Alternatively
- You can speak to our personal injury lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.