Award for brain injury following road accident.

A CNCI client has been awarded compensation as a result of brain injuries sustained in a road accident. Mr W was knocked from his bicycle by a negligent driver while travelling to work. Emergency services at the scene of the accident identified a mild head injury and as such he was taken to hospital.

Following the accident Mr W suffered from dizzy spells, difficulty balancing, and problems with both his long and short term memory.

The defendants admitted liability for the accident almost immediately but the main issue was the extent of the neurological injuries sustained as a result of the accident.

Medical opinion was divided. We instructed numerous neurological and psychological experts who examined Mr W’s needs and prognosis. They believed he needed on going support from a case worker. A care report described his emotional, cognitive and psychological needs as “extensive”.

Medical experts instructed by the Defendant stated Mr W had no on going care needs and maintained that the claimant would be able to live a full and normal life without any care or support.

Throughout the claim the defendants offered to settle for £15,000.00. Rachel Griffiths of the CNCI team appreciated that the Claimant required on going care and the defendants offer was not sufficient to cover this.

She rejected the defendants offer and continued to progress the claim. As trial approached Rachel made an offer of £25,000 which the Defendants then accepted.

Commenting on the claim, Rachel said “Our medical evidence told us that the Defendant’s offer was just too low to get the help the client needed. To an inexperienced solicitor an uncompromising Defendant can often lead to claims being settled well below their true value.”

“This leaves Claimants with compensation that can’t pay for on going care needs. This can put people in very difficult situations later on in life,  that’s why your solicitor should factor in the cost of future care and fight to get it from the defendant.”

“Sadly many firms just want to settle claims as quickly as possible.”