£1.35 million injury settlement following brain injury sustained in a workplace incident

Roger Loomes, a personal injury specialist at Ashtons Legal, has settled the claim of Ms Y, who suffered life-changing injuries during a workplace warehouse accident. Ms Y was a bright undergraduate student who was undertaking a short-term work placement when the incident occurred. Her head was crushed by equipment she was using. She suffered a skull fracture with bleed on her brain and underwent a craniotomy at a leading hospital.

Five years on, Ms Y remains significantly disabled, suffering a catalogue of symptoms which prevent her from leading the full and active life that she would otherwise have anticipated. She has been diagnosed with a moderate-to-severe traumatic brain injury, a central vestibular disorder, chronic pain and PTSD. She also has significantly impaired mobility. Ms Y has to date been unable to sustain a return to paid work.

Employer’s insurers argued for much lower claim settlement

Although her employer’s insurers admitted primary liability for the incident, they strongly argued Ms Y was partly at fault for driving into an obvious hazard while distracted. The Ashtons Legal team countered, highlighting obvious failures to provide adequate training and supervision. There were other major points of difference between the twenty experts involved in the case, concerning her post-accident care needs, employment prospects, and reasonable career expectations had she not been injured.

Roger Loomes comments: “There are often differences of opinion as to the value of a personal injury claim, but the gap here was wider than most. The employer’s insurers tried to suggest the claim was only worth around £210,000. Our schedule was vastly higher. With the support of excellent counsel and experts, and significantly, Ms Y’s bravery to accept our advice and walk away from earlier settlement offers, we were able to ensure she achieved the best possible settlement.

The funds are being held in a personal injury trust set up to protect her position regarding entitlement to benefits. The settlement gives her long-term financial security, recognising the career and independence the accident took from a talented young woman at the very start of her adult life.”

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Our experienced team of lawyers will be able to offer advice and guide you through every step of the claims process, and our in-house client support and rehabilitation team can help support you through your recovery.