Our Court of Protection solicitors have secured compensation for a family to help with the rehabilitation of their relative who suffered a brain injury at work.
James*, 58, lived with his adult son and his wife at the time of the accident. His wife has learning difficulties and James supported his family through his job as a fabricator.
How The Accident Happened
In December 2014 he was helping to free a hydraulic blade caught in a compacter when the metal chain snapped and struck his head. James suffered a depressed skull fracture and a traumatic brain injury.
The injury was so severe that an air ambulance had to take James to hospital where he went straight into emergency surgery. After the surgery he then spent 17 days in intensive care. James was unable to talk after the accident and could only communicate with his family with hand gestures. He also had to be fed with a tube.
How We Helped
The injuries James suffered meant that he lacked mental capacity to handle his own affairs and provide for his family. James’ family made the decision to contact the Court of Protection team at Irwin Mitchell to see if we could help with his recovery.
James needed vital medical treatment and significant rehabilitation to help him get back functions and skills he lost because of his brain injury. We secured interim payments through his employer’s insurer. This meant the family could pay for James’ rehab programme immediately while the case was ongoing and his family didn’t have to worry.
Once James was in a stable condition, he moved to a different hospital until a residential rehabilitation place became available for him. Shortly after, James moved to the rehab unit and stayed there for five months to receive treatment.
James’ injuries were so serious that he needed specialist care from a large team. His team included a case manager, speech and language therapists, occupational therapists, physiotherapists, neuropsychologists and support workers.
Our Court of Protection team helped James and his family claim compensation against his employers’ insurers. They received a settlement of £4.2 million which would make a huge difference to James life. This meant he could pay for the specialist care he needed.
The Court of Protection team also managed James’ finances while he was in rehabilitation, by applying to appoint a deputy to deal with his affairs. This helped to take the pressure off James’ family while he was unwell, so they could focus on being there to support him.
Life After The Accident
James has made a remarkable recovery and has recently been getting back into some of the activities he enjoyed before his accident. Before his brain injury, James was a keen skittle player. The rehabilitation he received and support of his care team has enabled him to play again and even join a local team to play competitively. James has also started fishing again which he loved doing before his accident. He’s also recently bought himself a car so that he can go to car shows again, which he loved doing before his accident.
Charlotte Waite said:
“James’ recovery is remarkable and we’re so glad we could help him on this path. His injury was very serious but we worked with his family to make sure he got compensation to pay for the specialist care he needs. It’s been a huge relief for his family to get compensation to cover his day-to-day needs.”
If you or a loved has suffered in a serious accident, we could help you manage your affairs if you can’t. Contact our Court of Protection or team on 0370 1500 100 or fill out our online form.
*Not his real name
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