Our Serious Injury team helped to secure £1.2million after a man was severely injured in a road traffic accident.
Our client, Martin, was driving a van when he was hit by a car which was travelling around 60mph. The car was proceeding in the opposite direction on a single carriage road and as the vehicles approached, the car crossed onto the wrong side of the road and collided with the rear of Martin’s van.
The force of the impact caused a wheel from the van to be torn off before the vehicle rolled over several times, coming to rest in a grass verge. Martin was ejected from the window on the driver’s side whilst the van was rolling.
As a consequence of the collision, Martin suffered a severe brachial plexus injury to his left arm. After the accident, he couldn't move his left arm from the shoulder to the elbow and had a loss of sensation in the arm and forearm.
Martin underwent a brachial plexus repair, and later a muscle transfer procedure, but unfortunately these operations did little to improve function. His injuries also caused a strong burning pain, and though some temporary respite resulted from various therapies, unfortunately the pain is likely to be a permanent feature of his condition.
In addition, Martin also suffered a severe traumatic brain injury. He lost his memory for around four days following the accident and experienced a number of seizures. He underwent a period of inpatient rehabilitation at a specialist brain injury centre but Martin continues to suffer from poor memory, reduced concentration and cognitive inefficiency.
Change of lifestyle
The cumulative effect of these injuries on Martin has been devastating. Before his injury, he was an outgoing and sociable person who lived for music and had a role as a drummer in a band. Due to his brachial plexus injury has not since been able to drum. The combination of the brain injury and psychiatric injuries has significantly lowered his self-confidence and he now suffers from high levels of anxiety which stop him accessing the community.
Initially the driver of the car denied liability for the accident on the basis that she had an undiagnosed medical condition which caused her to black out. However, this defence was dropped by her insurers who admitted liability on her behalf, despite the fact she continued to argue that Martin was partially responsible because he was not wearing a seatbelt. Following the admission of liability, our solicitors were able to secure funds for Martin to put in place a case manager, a support worker, a community rehabilitation programme and a neuropsychologist.
With the support of his rehabilitation team, Martin has rebuilt some of the confidence that he had before his accident. Working with his neuropsychologist, he has successfully tackled some of the anxiety issues which had been hindering his progress.
Martin has now resumed driving over short distances and also goes shopping, to the pub and to the gym on a regular basis. He has developed ties with a brachial plexus support group. Although it is unlikely that Martin will be able to return to paid employment, he has hopes of charitable volunteer work in the future, and he looks ahead to the time when he may be able to resume drumming with his band.
Security for the future
Serious injury solicitor, Victoria Walne, under the supervision of Partner Amanda Stevens, obtained damages for Martin’s injuries, loss of earnings, case manager costs, support work funds, and rehabilitation expenses. Martin lives in a house which is not suitable for his needs due to a lack of space and inadequate bathroom facilities. The compensation package also includes a sum of money to help Martin secure more suitable accommodation in the future.
In relation to the case, Victoria said: “Martin’s life has changed unrecognisably as a result of a devastating road accident.
“It was rewarding to be able to support Martin through the recovery process, which has been a very difficult time for him and his family.
“Thankfully we were able to obtain an admission of liability from the Defendant’s insurers early on in the claim to enable rehabilitation processes to be put in place.
“We have secured a settlement at an early stage in the case to ensure Martin has financial security for the future.”
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