Settlement for brain-injured client who regained capacity to manage his claim

John had been riding his motorbike when a parked car pulled out into his path. John was taken to Royal London Hospital and was treated for multiple orthopaedic and internal injuries. Initially, no brain injury was detected but, due to John's presentation and significant post traumatic amnesia, further investigations revealed a significant diffuse axonal injury.

The two defendants – the driver himself and his insurer - refused to engage in certain aspects of the rehabilitation as they questioned the nature of John's brain injury. It was therefore necessary to commence proceedings three months after the collision. 

John had been assessed to lack capacity and his wife was therefore named as his Litigation Friend, which the defendants questioned. The defendants then released sufficient funds to put in a place a comprehensive multi-disciplinary team who worked very closely with John on his rehabilitation, as well as providing funds for John to live off as he was no longer able to work.

John was thoroughly engaged in his rehabilitation and was motivated to make the best possible recovery, which he did. He was able to make a partial return to work.  

Less than a year after the collision, the defendants made an offer to settle John's claim. It was necessary to have John's mental capacity re-assessed to determine whether he was able to provide instructions upon the settlement of his claim and whether Court approval of any settlement would be required. It was determined that John had recovered sufficiently to re-gain capacity to provide instructions in his litigation and manage his financial affairs.

It was therefore necessary to make an application to the Court to cease the appointment of the Litigation Friend, which was resisted by the defendant. The Master approved John's application and the matter eventually settled, after protracted communications with the defendants who were now seemingly questioning the evidence that John had re-gained capacity.

John is now in the process of buying a new home and moving on with his life.

*name changed

Contact us

For further information about brain injury compensation claims and road traffic accident claims, please call Harvinder Kaur on 03304606762 or email harvinder.kaur@fieldfisher.com or call Harriet Salvesen-Sawh on 03304606761 or email harriet.salvesen-sawh@fieldfisher.com.

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