Mr T suffered a severe brain injury in December 2008 when driving home from work in Dronfield, Derbyshire. The Defendant crossed onto the wrong side of the road after failing to properly negotiate a bend in the road, and he drove into head on collision with Mr T’s car.
There were no independent witnesses and liability was initially denied in part. The Defendant offered a 50/50 split. Mr T was unable to recall the collision because of his brain injury so Irwin Mitchell began investigating the collision in detail.
We obtained all of the documents from the police and carried out a site inspection. From our analysis of the evidence, it was our view that Mr T had done nothing wrong at all, and that the young Defendant, driving a powerful 4x4 vehicle with two schoolgirl friends in the back, was entirely at fault. We rejected the 50/50 offer. The Defendant then offered 60/40, and again this was rejected. The Defendant offered 85/15 in favour of Mr T. We rejected this offer. We were confident in our case, and had Mr T accepted that offer, the compensation he would eventually be awarded would be reduced by 15%. We felt strongly he should receive 100%.
Finally, the Defendant accepted our arguments and admitted liability in full. Mr T was extremely pleased as his main motivation for instructing Irwin Mitchell was to find out the truth about what happened to him.
Once liability was dealt with, we began investigating his serious brain injury and the consequences for him. He was not able to cope with a full time role at work, and we took detailed statements supporting a loss of earnings claim. We organised for him to receive neuropsychological treatment, which he found of great benefit. In late 2011 Mr T’s case was brought to a successful conclusion and he received £450,000 in damages.
At the same time as working on Mr T’s claim, Irwin Mitchell were also instructed by his wife, Mrs T. Mrs T had not been in the car at the time, but had gone looking for Mr T when he hadn’t come home from work and she had come across the scene of the accident. It was confirmed to her there that her husband had been involved, and she believed he might be dead. Mrs T suffered psychological injuries as a result and required psychological treatment to help her recover. Irwin Mitchell successfully obtained damages for Mrs T in her own right for the psychological injuries she sustained as a result of her husband’s injury.
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