Passenger seriously injured in collision receives £1.6m damages

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Passenger seriously injured in collision receives £1.6m damages

31st October 2011

A passenger who was left with a serious head injury when the car their friend was driving crashed into a street sign, has received more than £1.6m in damages.

Gary Herbert, a serious injury specialist with Fentons Solicitors LLP, said that his client had been lucky to escape with their life following the incident.

“The driver lost control of the car whilst attempting to make an overtaking manoeuvre, and collided with a signpost,” he said. “The metal post struck the car immediately at the point where my client was seated, leading to very serious head injuries.”

Following a lengthy period of treatment in hospital, it soon became clear that the passenger had sustained a very subtle brain injury. “It was difficult to identify the severity of the brain injury, because at first glance my client seemed to be suffering no serious after-effects of the collision,” said Gary, an associate with the firm. “However it soon became apparent that while my client had recovered all of their physical function and even pre-accident memory, the injury had a dramatic effect on their ability to exercise self-control.”

He said it was common for brain injury victims to suffer from a loss of inhibition, and his client in this case was a prime example.

“My client began making rash decisions and acting without thought to the consequences or even their own safety,” said Gary. “This impulsive, uninhibited behaviour meant that ordinary day-to-day tasks such as budgeting and attending pre-arranged meetings - including going to work – were being overlooked, delayed or dismissed altogether.”

Following lengthy medical assessments and negotiations, the court approved a settlement whereby the client received £1.63m in compensation, with their financial affairs being managed for them under Court of Protection rules.

“This was a very complex case,” said Gary, “not least because to meet and speak with my client you would not necessarily think they had sustained such a serious head injury. However, the loss of inhibition will affect their ability to work and look after themselves – and others – for the rest of their life,” he said.

“No amount of money can turn back the clock for my client, allowing them to live the independent life which was so embraced before this injury,” said Gary. “The need for regular care and support is reflected in the size of the settlement, which will hopefully help my client as they attempt to move on with their life.”

How can Fentons Solicitors help?

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