The case was led by Mark Hollinghurst, Managing Director of Personal Injury at Switalskis, assisted by Maria Dallas, Associate Chartered Legal Executive.

Our client, CP, was riding his motorbike when he a car driver turned right across the path of CP, causing him to collide with the rear offside of the defendant’s vehicle. CP suffered a traumatic brain injury and serious orthopaedic injuries. He required extensive treatment at the roadside and was transported to the Major Trauma Centre of Northern General Hospital, where he was admitted to the Intensive Care Unit, where he remained for a number of weeks. He was eventually discharged from hospital over 6 weeks after the accident. But this represented just the beginning of his recovery.

The Case

Following a letter of claim being sent to initiate the claim and conviction of the defendant driver, the insurers for the car driver initially admitted primary liability but argued that there was contributory negligence on the part of CP for failing to secure his helmet properly and his speed at the time of impact. These allegations arose from the fact that CP’s helmet was thrown off following impact and witness accounts were unclear and varied on the positions and reactions prior to the collision occurring.

To argue these points, expert evidence was obtained from experts in accident reconstruction and helmets. The experts visited the scene of the accident, reviewed witness accounts, used computer simulations and examined CP’s actual helmet (which had luckily been retained following the accident).

Eventually, contributory negligence was conceded and full liability was accepted for the accident. This meant that only the level of damages was now under dispute. However, this came with its own complications.

CP made a very good recovery from his injuries, better than many had expected, but was left with ongoing cognitive difficulties and physical limitations. This meant that whilst he could lead a relatively normal seeming life, he was still facing daily struggles with fatigue, pain, impulsivity, anxiety, organisational difficulties and memory issues. Despite his best efforts and unwavering motivation, CP struggled to maintain a regular social life and was unable to work more than part time hours.

At the time of the accident, the UK was still in the grasp of the COVID-19 pandemic. CP had previously been working for a family business but shortly before the accident had started his own business as a self employed builder. He was hard working and happy to work on difficult jobs and long hours. The prospect of returning to his business and the lifestyle that came with it appeared to be out of reach. He was simply unable to cope with the physical and cognitive demands.

All this made navigating CP’s future care needs and future employment possibilities difficult to assess. Expert evidence was obtained from nine experts covering everything from neuroradiology and neurorehabilitation to care and employment to help consider the cause and effect of CP’s cognitive and physical injuries. The experts all agreed that CP had suffered a moderate to severe traumatic brain injury (at the severe end) and he would have life long cognitive impairments, as well as physical limitations as a result of his orthopaedic injuries. The experts recommended various input to assist with symptoms and issues throughout the course of CP’s life. They considered routine aspects of life and how CP would deal with these and what support should be given. Given CP’s age at the time of sustaining his injuries, the experts also considered how his working life would be disrupted, when he might retire, how he would cope with relationships and having children, and what treatments he may require in the future to management and minimise the effect of his physical injuries. 

Throughout the course of the claim, we were able to secure funding from the insurer for the car driver to have a multidisciplinary team put in place that would help CP through rehabilitation and therapy to maximise his recovery and give him the best possible start in his future life following the accident. We were also able to secure a number of interim payments that were provided to CP at various points during the claim to pay for specific things and at times of need. These interim payments were in addition to the final settlement figure.

Settlement

The Brain Injury Team at Switalskis worked closely with the experts and CP’s multidisciplinary team to understand CP’s evolving life and how his needs could best be supported now and in the future.

At a settlement meeting, a final settlement was agreed at an additional £1 million on top of interim payments, which brought a thankful ending for CP to what had been a long journey from the date of the accident and helped him avoid the natural uncertainties and anxieties of going to trial. It now meant that CP could begin to move on with his life and continue working towards his future. The settlement reflected the level of the injuries sustained and the care, support, therapy and medical treatment that would be required in the future.

Life After a Brain Injury

Despite CP having suffered life changing injuries and having a great deal to overcome, he is now in a strong position to move forward with his life. He always remained engaged and motivated in the legal process but more importantly with his rehabilitation team. CP had many ups and downs throughout the claim but took on board advice and support that was given to him, and sought clarity and reassurance when it was needed.

Mark Hollinghurst commented ‘This was a great outcome for a highly motivated client and I wish him and his family all the best for the future. A special thank you must go to his wonderful case manager and rehabilitation team for all their support and input throughout the claim, as well as barrister Pankaj Madan who offered unwavering support and advice to us and CP’

Maria Dallas commented ‘CP is one of the most motivated and engaged people I have ever worked with. His enthusiasm to work hard and try to make the best he can of his life is inspirational. I wish him nothing but the absolute best for the future.’

Find out how Switalskis can help you

If you’ve suffered a personal injury due to someone else’s negligence, you may be entitled to claim 

compensation. 

At Switalskis, our personal injury lawyers have extensive experience in handling a wide variety of 

claims. We take time to understand the specific details of your case, and do everything possible to 

achieve the best possible outcome for you.

To find out how much you could be entitled to on your personal injury claim, call Switalskis today on 

0800 1340 458  or email help@switalskis.com .