Road traffic accident solicitors at Irwin Mitchell helped a man access a raft of rehabilitation services after a collision that left him with serious brain injuries.

At the age of 20, Gary (now 24) was involved in a very serious road traffic collision. He accepted a lift home from an acquaintance following a night out. Gary was a front seat passenger and was wearing his seatbelt. The driver of the vehicle lost control, left the road and collided with a tree. Gary had to be cut from the vehicle by the emergency services. The driver of the vehicle was over the legal limit for alcohol at the time of the collision.

As a result of the collision, Gary sustained a very severe brain injury, as well as various fractures and lacerations. Due to the severity of the brain injury, Gary required a number of therapies to help him to recover to his full potential.

Rehabilitation package

With the help of Irwin Mitchell, who secured interim payments from the insurance company to fund an intensive rehabilitation package, Gary accessed private occupational therapy, speech and language therapy, neuropsychology and psychotherapy intervention, as well as the services of a brain injury specialist case manager and a support worker.

Gary had been working as a plumber prior to the collision but was unable to continue with this work as a consequence of his ongoing difficulties, such as poor memory and concentration, fatigue and anger/behavioural issues. With the benefit of his rehabilitation and therapy input, Gary returned to college to retrain as a plasterer.

The insurance company representing the driver of the car he was in alleged that Gary was partly to blame for his own injuries, having got into the vehicle with someone he knew (or should have known) had been drinking. The insurance company offered to settle the claim on an 85/15% basis in Gary’s favour, with a 15% reduction to reflect the fact that he should have known the driver was over the legal limit for alcohol.

Kate Petchey, the specialist solicitor who dealt with Gary’s claim, felt that although Gary may have to accept a small percentage reduction, 15% was too high. Kate returned to the insurance company with an offer of 95/5% in Gary’s favour, and this offer was accepted.

Settlement secured

Once the issue of fault was determined, a seven-figure settlement was quickly secured for Gary. This settlement will enable him to access the ongoing support and assistance that he requires for the rest of his life, and provides him with a safety net should he find he is struggling with his employment.

Gary said, upon settlement of his claim, that he “would not be where he is today were it not for his rehabilitation team and his legal team”.

Commenting on the case, Kate said: “Although Gary made a return to work with support, it was important to recognise that his employment would always be vulnerable and to ensure the compensation he received made up for any losses he might suffer in the future because of an inability to work. Of equal importance was making sure Gary was able to use funds from his claim to continue to access rehabilitation and support throughout his life, as and when he needed it.”

If you or a loved one has been injured in a road traffic accident, our serious injury solicitors could help you claim compensation. See our Road Traffic Accident Claims page for more information.

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