Below are some examples of subtle brain injury cases Ashtons have settled.
£1.75m compensation obtained in ‘subtle’ brain injury road traffic claim
Tom Ranson, a personal injury specialist at Ashtons Legal, has obtained compensation of £1.75 million for Mr P after he was involved in a road accident.
Mr P was a passenger in his friend’s vehicle when the driver lost control and crashed into a lamppost, causing Mr P to suffer multiple physical injuries, including a ‘subtle’ brain injury. On the face of it, Mr P made a relatively good recovery from his injuries. However, to those who knew him best, he was very much “walking wounded”.
Unfortunately, Mr P’s previous solicitors were unable to progress his claim effectively, with the Defendant’s insurer only offering him a £50,000 settlement. He sought a second opinion from Ashtons Legal and transferred his claim. We were then able to obtain the interim payments needed to allow him to undergo necessary rehabilitation treatment, receive ongoing specialist support and cover his daily living expenses whilst we dealt with the outstanding legal and medical issues.
Proceedings were subsequently issued in the High Court but successful negotiation resulted in a favourable settlement for Mr P before the trial. The final settlement of £1.75 million gives Mr P the financial security he needs for the rest of his life, together with the ongoing support and rehabilitation.
Tom Ranson comments: “In a hard fought case, against the backdrop of what insurers consider to be a controversial diagnosis of ‘subtle brain injury’, the message is clear – it is vital that the lawyers of injured parties are robust and provide their clients with the strength, support and expertise, to enable them to fight for their right to obtain the correct level of compensation. This is a case that could have been compromised for very little, instead we are delighted to have been able to secure a significant seven-figure-sum for Mr P.”
£320,000 obtained for head injury following a car accident
Personal injury lawyer, Tom Ranson, obtained £320,000 for a man who suffered a head injury following a car accident. Mr S sustained a ‘subtle’ brain injury and psychiatric trauma (Post Traumatic Stress Disorder) after being involved in a rear-end shunt at high speed.
Despite suffering ongoing impaired memory, concentration and decision making issues, Mr S continued working full-time following the accident, whilst undergoing the rehabilitation treatment he needed. This was arranged for him through the claim process by Ashtons Legal.
The Defendant’s insurer originally offered Mr S £25,000 compensation; however after a settlement meeting with the Defendant’s legal team, a figure of £320,000 was negotiated on behalf of Mr S before the case was due to go to court.
Tom Ranson comments: “In this complex case, through the determination and support of all on the side of Mr S, we were able to ensure that he was properly compensated for his losses and also had access to the rehabilitation he needed.”
£128,500 obtained for ‘subtle’ brain and other injuries following a road collision
Tom Ranson, a personal injury specialist at Ashtons Legal, has obtained compensation of £128,500 for Mr B, following the head and whiplash injuries he suffered in a road collision.
Despite his injuries, Mr B was able to return to work within a couple of weeks of the accident and continued to work full-time. However, he had to change the way he worked because of his injuries, in particular, because of his ‘subtle’ brain injury symptoms, which included difficulties with his memory, fatigue, ability to concentrate and organise things.
The other party’s insurer admitted responsibility for the collision; unfortunately, they disputed all of Mr B’s claims and refused to negotiate or assist with any part of Mr B’s rehabilitation. Ashtons, therefore, arranged for Mr B to be seen by a number of medical specialists and to undergo private treatment. We also issued Court proceedings on his behalf.
Despite having all of the evidence from Mr B, the insurer continued to dispute Mr B’s claims and arranged for him to be seen by their own medical specialists. Interestingly, they did not disclose any of the reports, which suggests their experts agreed with ours. The insurer eventually made an offer to settle and through negotiation, Mr B’s claim was settled.
Tom Ranson comments: “This is another unfortunate example of a failure on the part of the Defendant insurer to engage with the Claimant, instead choosing, despite having admitted liability in full, to fight the case and to add insult to injury by denying Mr B’s injuries and losses before settling for a six-figure sum.”
£125,000 obtained for ‘subtle’ brain injury following a road traffic accident
Tom Ranson, a personal injury specialist at Ashtons Legal, obtained compensation of £125,000 for Mr T after he was involved in a road traffic accident.
Following the accident, Mr T suffered from a combination of neurological and psychological symptoms. For example he had problems with his senses, experienced dizziness, frequent headaches and also had difficulty with his memory and his ability to concentrate and plan or organise things. Mr T also suffered from anxiety, frustration and fatigue; this combination affected his ability to function day to day, as before.
Mr T originally instructed another law firm but the solicitors were unable to progress his claim to his satisfaction. The opinion of the medical expert they instructed was, essentially, that there was “nothing wrong with him” and Mr T’s claim was put into the low value ‘Portal’ process, with a settlement indicated between £1,000 to £25,000.
Mr T sought a second opinion from Ashtons Legal and having discussed matters with Tom Ranson, transferred his case. The medical experts instructed by Ashtons diagnosed Mr T as suffering from Post Concussional Syndrome coupled with a mild neurocognitive disorder. Another specialist diagnosed Mr T as suffering from a mild balance disorder.
The Defendant’s insurer refused to assist with his rehabilitation or to help him financially. Fortunately, Ashtons Legal were able to make alternative arrangements on Mr T’s behalf and were able to put the treatment and support recommendations in place for him. The Defendant’s insurer then made an offer of £70,000 on a “take it or leave it” basis. On our advice, Mr T “left it” and we issued Court proceedings on his behalf. This led to increased offers at various stages before a final settlement of £125,000 was negotiated.
Tom Ranson comments: “Mr T felt very uneasy about the direction in which his case was heading before coming to Ashtons for a second opinion. The settlement we went on to achieve for Mr T, having fully explored his medical diagnoses, entirely vindicates the decision he took to seek another opinion. Consequently, Mr T is now able to move on with his life with better future options and security than would have otherwise been the case. This is another claim that could have been compromised for very little, instead Ashtons are delighted to have been able to secure for Mr T the compensation he really deserved.”