Serious head injury victim receives more than £8 million in damages

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Serious head injury victim receives more than £8 million in damages

11th August 2012

A young woman who was left disabled following a devastating head injury has settled her case for more than £8,000,000.

Richard Crabtree, a serious injury specialist with Fentons Solicitors LLP, negotiated a £3,000,000 lump sum on behalf of his client, together with annual payments of £250,000 to pay for her care, accommodation and case management.

“This was a particularly sad case, where a young woman was left with very serious brain damage following a road collision,” said Richard, a partner with the firm. “My client was travelling as a front-seat passenger in her boyfriend’s car when the defendant, who was travelling in the opposite direction, lost control of his own vehicle and collided with theirs.”

The young woman’s injuries were so serious that she spent the next four years in hospital. “She suffered a traumatic brain injury which has left her immobile,” said Richard. “She is unable to speak and is unable to understand the spoken word, but is still able to understand written communications. She can communicate to a limited extent in writing, and she can also indicate her wishes by gesture and action,” he said.

“The nature of the injury means that she suffers from a very severe impairment of intellectual functioning and memory, but she does have a level of retained intellect and is able to undertake simple arithmetic,” said Richard. “She has periods of confusion and the injury has had an emotional impact, so that she is also prone to low mood and bouts of depression.”

Richard said that during his client’s hospital stay, property and additional land was purchased so that entirely new purpose-built accommodation could be constructed, to house her, her parents and her brother.

“Since leaving hospital, she has been cared for on a 24-hour basis with two carers on duty at all times, which includes her mother and two aunts,” he said. “This is all managed by a case management company.”

Richard said that because the driver did not have an insurance policy, the Motor Insurers’ Bureau – a body set up to protect motorists injured in incidents involving uninsured drivers – became liable to pay the compensation.

“This was a long and hard-fought case,” said Richard. “We sought to demonstrate how vital and valuable the care provided to our client was, and how it was imperative that the settlement ensured this care could continue for the rest of her life.”

As a result of the injuries his client sustained, Richard claimed past and present commercial care, case management, rehabilitation, Deputyship and Court of Protection costs and accommodation. Following lengthy negotiations, it was agreed that a lump sum award of £3,000,000 would be paid, less interim payments of £1,500,000, followed by periodical payments of £250,000 for the duration of his client’s life.

“She was a young woman with her whole life ahead of her, but now the future she and her parents had planned has been taken away,” said Richard. “She has a greatly reduced life expectancy, and her quality of life is only as good as it is because of the continued love and support provided by her family. I am delighted that we were able to negotiate a settlement which ensures that my client and her family will now continue to get the very best level of help and have the financial resources to fund the care she will need for the coming years.”

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.