Nicola Southwell, a specialist travel solicitor, acted on behalf of a seriously injured 57-year-old holidaymaker, Mr T, who was involved in a road traffic accident whilst on holiday with his wife in Tenerife.
On 28 March 2008, Mr T was crossing a pedestrian crossing with his wife, on the way back to their hotel, when a lorry driver failed to see the couple or stop at the crossing. He drove his lorry into the couple causing multiple injuries to both, but most notably causing serious head injuries to Mr T.
Having been knocked unconscious and taken to a local hospital, Mr T remained in a coma for three weeks. It became clear that he had sustained serious damage to the brain, resulting in life changing results both to him and his loved ones.
When he awoke, he didn't recognise his wife or family and as a result of the brain injury, Mr T’s personality completely changed. He had difficulties with speech and language, word finding, processing information and has severe memory difficulties. He will never be able to work again and requires care and assistance in his day to day life.
Irwin Mitchell were instructed to act on Mr T’s behalf and subsequently obtained treatment and therapies to help him with his speech difficulties. Help was also arranged for the family to learn to cope with the difficulties they faced looking after Mr T, which helped them enormously.
Having been under a great deal of strain looking after Mr T, a husband, father and grandfather and having all of these relationships change dramatically, it helped the family come to terms with the brain injury and understand why certain things were happening.
How Irwin Mitchell Helped
The Spanish insurance company of the lorry driver were pursued by Irwin Mitchell to obtain the compensation that Mr T needed to aid his quality of life. Court proceedings were issued against the lorry driver and his insurance company, during which a multi-disciplinary team of medical and care experts were instructed by Irwin Mitchell to assess Mr T, providing full details of the impact of the brain injury upon him and recommending treatment to help him rehabilitate as best he could.
Having obtained this expert evidence, Nicola Southwell and Philip Banks, both specialist travel solicitors of Irwin Mitchell, negotiated with the representatives of the insurance company to obtain an amount of compensation that will allow Mr T to live the best life he could.
In an out of court settlement, damages were agreed well in excess of £600,000 to enable Mr T to continue with his therapies and rehabilitation and have the best quality of life possible.
Despite Mr T having fantastic care and unwavering support from his family, it was necessary to ensure that he would have enough funds available in the event that his family were unable to provide the necessary care for whatever reason life may throw at them in the future.
The compensation recovered for Mr T will provide a safety net in the event that his family are no longer able to care for him.
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