Substantial settlement for brain injury victim

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Substantial settlement for brain injury victim

15th October 2010

A man who suffered a life-changing brain injury when he was involved in a collision with a lorry has received £700,000 in an out of court settlement.

The electronic engineer, who was in his 20s, was unable to remember the circumstances that led up to the incident in 2003. Following the collision with the lorry - which was being driven by an employee of a major high street retailer - the client was taken by air ambulance to a nearby hospital.

Mark Thomson, head of the Serious & Catastrophic Injuries department at Fentons Solicitors LLP, said part of the front of his client's brain had to be removed in order to treat the swelling which was endangering his life. "This procedure, known as a lobectomy, led to a significant and permanent change in his personality," said Mark, a partner with the firm. "This in turn meant that the client was unlikely to ever return to paid employment, or to enjoy a decent quality of life without the ongoing assistance of carers to help him overcome his difficulties and smooth the way towards a settled and rewarding existence."

The client, who is unmarried and lives alone, also sustained a number of physical injuries in the incident. He went on to develop epilepsy as a result of his brain injury.

"The defendant in this case disputed that the collision was their fault, and sought to blame our client," said Mark. "We sought to secure complex evidence from an accident reconstruction expert on this point, and we pushed the matter to a trial to decide the question of blame. Shortly before the trial was to go ahead, the defendant made an offer to accept the majority of the blame, which our client accepted.

But the client's case did not settle there, however. "The defendant raised a series of fierce arguments over the value of the claim, which required the expert evidence of a number of specialist doctors, surgeons and care professionals," he said.

"Settlement was eventually agreed in the gross sum of a little under £1.2m, which compensates the client for the wages he will never be able to earn," said Mark. "Perhaps more crucially, it will provide the ongoing care that he will continue to require for the remainder of his life."

Mark Thomson was assisted by litigation executive Sam Firth in pursuing a claim on behalf of this client.

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.