Seven figure personal injury settlement obtained following road traffic collision

Graham Heywood, a personal injury specialist solicitor at Ashtons Legal, has obtained a seven-figure financial settlement for Mr T, who suffered a traumatic brain injury as a result of a road collision.

Mr T was driving home from work in a van when his vehicle was hit from behind at high speed, pushing him into the car in front. In addition to the brain injury, he suffered soft tissue injuries to his neck, back and shoulder, as well as psychiatric injuries which resulted in flashbacks, travel anxiety and depression. He also sustained an audio vestibular injury that resulted in balance issues and audio sensitivity.

Ashtons appointed a case manager and a multi-disciplinary rehabilitation team, which was funded by interim payments from the insurers of the driver whose vehicle had run into him.

Having initially returned to work, Mr T became fatigued easily and was unable to cope with his manual job. His cognitive function was impaired, the issues were amplified by pre-existing ADHD, and he became anxious and depressed. Having been initially supportive, his employers then refused to cooperate with Mr T’s Occupational Therapist, and he was subsequently dismissed from his job. He also has five young children, and after suffering his injuries, was unable to assist his partner in caring for them to any great extent.

The insurers representing the driver who drove into Mr T’s vehicle initially denied liability for his injuries. Ashtons obtained forensic evidence on CCTV footage of the accident, at which point the insurers conceded that their driver was to blame. They went on to deny that there was a brain injury, which was then confirmed by further scans and the report of a neuro radiologist. Having established that Mr T had suffered a brain injury, the insurers maintained that it was mild and that Mr T was, or should be, fit to return to work. Further interim payments were stopped, and Ashtons arranged for rehabilitation treatment to continue on the basis that the bill would be settled when the legal case concluded.

Graham comments: “We were able to claim for future treatment and future loss of earnings, on the basis that he would be unfit to return to work, other than some light part-time work. Having admitted liability, the insurers made multiple financial offers which were unacceptable before we were able to agree on a suitable figure. It took strong management of the case, and a degree of courage from Mr T, to push towards a court trial, but an excellent settlement resulted, approximately a month before the trial was due to take place. Mr T’s need for a rehabilitation programme was paramount in this case and was maintained despite the removal of funding by the defendant insurers. We were delighted to help Mr T obtain sufficient funds to help him get his life back on track.”

Mr T adds: “Thank you for everything you have done for us, you’ve been amazing. We honestly feel that we have had the best on our side. It is a strange feeling now that it is all over, and a huge weight has been lifted. This is a new chapter now, and I am ready for it.”