Damages for pensioner left with brain injury after hit by bus

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Damages for pensioner left with brain injury after hit by bus

18th April 2011

A pensioner who sustained a serious brain injury when he was hit by a bus has received £100,000 in compensation.

Martin James, a specialist in serious injuries arising from road collisions, said his elderly client was hit by a bus as he was crossing a road near to his home in the summer of 2008. "He was rushed to hospital by ambulance, where he received treatment for several broken bones and a number of deep lacerations to his head and body," said Martin. "He was lucky to survive the incident."

The pensioner - a father of eight with eight grandchildren and seven great-grandchildren - remained in hospital for a number of weeks before being allowed home. "He had been displaying symptoms of Alzheimer's since before the accident, but as the case proceeded it was clear that he was deteriorating," said Martin, a partner with the firm. "Despite being in his seventies, he had been an active man before the incident, but that changed after his brain injury."

Martin explained how when his client returned home, he had become aware that he was 'a different person'. "He became often confused and aggressive and sadly no longer recognised his own children," he said. "He now requires constant care. He started to become violent and spends much of his time under sedation.

"The violence is against anyone, which sadly includes his family," said Martin. "This makes any provision of care very difficult, but we managed to get him into a day care centre for people with Alzheimer's by way of respite for his wife.

"I assembled an expert medical team and we managed to get an accord between them to demonstrate that his symptoms were mostly related to his brain injury," said Martin, "and also noting that the incident had accelerated the onset of Alzheimer's."

The bus company admitted primary liability for the injuries the man sustained in the incident and in October last year, an interim payment of £40,000 was paid to the client. This enabled the family to deal with outstanding financial issues and begin to secure the care he needs.

"Although they admitted primary liability, the defendants argued that the client should be held partly responsible for the incident," said Martin, who was assisted on the case by associate Claire Spence. "The negotiations resulted in our client being held partly responsible, which is reflected in the amount of damages he has received.

"I am delighted that my client and his family have now been able to settle the claim for such an amount in incredibly difficult circumstances," said Martin. "He and his family have been devastated by this incident, and although he survived his horrific injuries, the change in his character and his loss of ability to look after himself has had an enormous impact on everyone."

Following the settlement, the specialist Court of Protection department at Fentons has advised the family on appointing a deputy to act on behalf of the client and help manage his financial affairs.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims of serious head injuries.

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.