A 21-year-old man who suffered a severe brain injury in a car accident as a child has now been awarded £1m compensation to ensure he can access and fund any support required in later life.
The man was represented by Hudgell Solicitors’ Serious Injury Manager Samuel McFadyen, a specialist in supporting people who suffer catastrophic injuries.
The case was settled out of court with the legal representatives of insurers after a string of medical and neuropsychological assessments were undertaken to consider the level of assistance the man may require when older, including potential care, and the impact of his injuries on his earning ability.
He currently lives with his family and is in full-time employment but has never lived independently. This is something Mr McFadyen says became a focal point when considering the settlement of the claim.
“My client was involved in a very serious road accident as a child passenger and as a result he suffered multiple injuries, the most serious being a severe head injury, causing a traumatic brain injury,” Mr McFadyen said.
“He also suffered significant facial injuries and fractures, fractures to both legs, chest injuries and lung damage.
“Thankfully, following the accident and over the years he has made a very good recovery, attended college, and secured himself a good job, despite his brain injury.
“His brain injury contributed to him struggling at school and not attaining the grades he was capable of given his level of intelligence pre-accident, and he has been left with ongoing cognitive inefficiency which affects his memory and concentration.”
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Long-term needs taken into consideration
Mr McFadyen said the uncertainty of where his client’s future may lay, and his long-term plans, made it difficult to fully assess his requirements and agree upon a damages settlement.
“Like many people of his age my client doesn’t have a clear vision of what he wants to do in the future, other than knowing that at some stage he will want to live independently and start living his own life,” he said.
“Of course, as yet, he has no experience of this, and so there has been no real test of how he copes in that kind of situation.
“There was the possibility of delaying settlement to allow for a trial period of independent living, but this was not something he felt he wanted to do, and we were pleased to be able to agree to a very good settlement without this, out of court.
“Our case was always that our client is unlikely to live a fully independent life when he is older and no longer living with his family, and that hopefully he may only need some light touch support which has been reflected in the settlement.
“The settlement also provides for the likelihood that his future earning capacity will be curtailed given his struggles with concentration and the difficulties he faces with social interaction and anxiety.”
Plans to invest settlement
The man said he was pleased with the outcome of his case and said he was considering how best to invest his settlement to provide for his future, with Hudgells providing access to independent financial advice at the conclusion of his claim.
“I’m aware of how my brain injury affects me, particularly in terms of my concentration and focus, and it was a struggle for me during my days at school, where I didn’t do as well as I could have,” he said.
“Things are going well for me at present, but I know there will be challenges ahead and it is comforting to know that I have the finances in place should I need help in the future.
“My father is a trustee of the Personal Injury Trust that my settlement is being placed into, so we both have to sign and be in agreement over any money I want to withdraw.
“Longer term I want to look at property investment, which can give me an income and job in the future. I want to make this settlement work for me in the best way it can.”
Making a Serious Injury Claim
If you or a member of your family has come to harm as a result of a serious injury which was of no fault of your own, you have a right to seek compensation for your injuries. We put your interests first, from supporting you on your return home from the hospital to ensuring the most appropriate and effective legal and medical specialists handle your claim.
Contact a member of our specialist team, if you or a loved one has suffered life-changing injuries or fatality as a result of an accident, assault or medical treatment, at home or abroad.
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