Compensation for passenger injured when driver lost control

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Compensation for passenger injured when driver lost control

15th August 2012

A young man who suffered post-traumatic amnesia after his friend lost control of the car he was a passenger in,  has received £43,000 in an out of court settlement.

Tristan Alder, a road traffic accident specialist at Fentons Solicitors LLP, said the Essex man, who is in his 20s, also suffered permanent nerve damage when his friend lost control whilst rounding a bend and the car crashed in a ditch at the side of the road.

“Although he has no memory of the crash itself, my client remembers the moments just before,” said Tristan, a solicitor at the firm. “He can recall seeing black smoke coming from the car and hearing the screech of tyres but the next thing he remembers is waking up in intensive care. That was two days later, and my client has no memory of being airlifted from the scene, or of his mother and partner visiting him in hospital.”

Having suffered a serious head injury and damage to his radial nerve - which controls the shoulder and arm movement - as well as a broken left arm, a cracked sternum and a bruised lung, the father-of-one spent the next five days in hospital. He underwent surgery to repair the damaged nerve and had a supportive steel plate inserted into his arm.

“Following his return home, my client suffered a number of mild brain injury symptoms as a result of the incident,” said Tristan. “These included frequent nightmares and powerful migraine-type headaches, which he experienced almost every day for eight weeks. Over the next several months he received twice-weekly physiotherapy on his weakened arm and hand, and had to regularly attend hospital so doctors could analyse the flexibility in his wrist.”

Throughout this period, the damage to his radial nerve meant the claimant could barely lift his wrist and he found it particularly upsetting that he couldn’t even pick up or play with his young son. It took more than three months before he was able to regain any movement at all in his hand and during this time, he had to rely heavily upon his partner to assist him in almost every aspect of his daily life.

“Although my client has recovered well from his injuries, the blow he received to his head and the resulting post-traumatic amnesia he suffered mean he will always be at risk of developing epilepsy,” said Tristan. “In addition, the injury he suffered to his radial nerve has left him with a tingling sensation whenever his left hand is touched. The sensation, which is both untreatable and extremely unpleasant, lasts for several minutes and will unfortunately remain with him for the rest of his life.”

The defendant was convicted of driving without due care and attention and after liability was admitted, Tristan settled the claim on behalf of his client for £43,000 in July 2012.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling road accident claims.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire