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July 9th 2019

Serious Injury

£7.5m damages and life-time care and support for father who suffered serious brain injury in motorbike accident

Samuel McFadyen

Samuel McFadyen

Senior Solicitor, Personal Injury

£7.5m damages and life-time care and support for father who suffered serious brain injury in motorbike accident

A £7.5m damages settlement has been agreed for a man left in need of lifelong care and support after suffering a serious brain injury in a motorbike accident.

A £7.5m damages settlement has been agreed for a man left in need of lifelong care and support after suffering a serious brain injury in a motorbike accident.

The settlement will cover the cost of dedicated care professionals supporting him for the rest of his life, enabling him to live as independently as possible.

A man who suffered a serious brain injury in a motorbike accident has had a settlement for £7.5m damages approved by the High Court to ensure he is provided with the ‘dedicated lifelong care support’ he needs.

Hudgell Solicitors acted on behalf of the man and say the lump sum settlement, which will be managed by a professional deputy to ensure it is spent appropriately, will bring great relief to his family.

It will cover the costs for dedicated care professionals to support him for the rest of his life, enabling him to live as independently as possible in his own home.

The man, who cannot be identified following the court order approving the settlement, had been living with his parents for several years following his accident while undergoing intensive rehabilitation.

This is a period they admit was extremely difficult and challenging, saying the brain injury made their son ‘a completely changed man’.

As a result of his injuries he has significant memory loss and also struggles to control his behaviour, often becoming quickly frustrated, angry and aggressive.

Brain injury survivors need dedicated support when returning home

Samuel McFadyen, a Senior Solicitor at Hudgell Solicitors who specialises in acting for clients who have suffered catastrophic injuries, says the case has highlighted the difficulties families face when loved ones return home after such life-changing accidents.

“We are delighted with the settlement we have been able to secure in this case as it ensures the money is in place to provide the dedicated professional care and support this man needs for the rest of his life,” he said.

“Following discharge from hospital he lived with his parents, and that time was extremely tough for them all.

“In that time his parents had to come to terms with how their son’s character had changed, how life has changed for him, and to understand and deal with his aggressive outbursts and mood swings. Of course, they have coped and understood, but that doesn’t make it any easier.

“They essentially put their lives on hold to be there for their son, as any parent would, but now they know his long-term care is assured, which is a major worry off their minds.

“It was agreed with specialists that a managed transition to living in his own property with extra support represented the best way forward. As a result he has now been able to move into his own accommodation.”

“As part of his legal claim a dedicated case manager has been appointed to ensure he has all the specialist, professional support he needs, with his damages managed by a professional deputy.

“This settlement and care package assures his parents that he will have the right help for the rest of his life. His care worker will focus on paving the way for gradually increased interest and involvement of other healthcare professionals who can provide assistance as and when needed.”

The man had been driving along a main road on his motorcycle when a car pulled out into his path, leaving him no time to break and causing him to be thrown a significant distance off his bike along the road.

He had to be air-lifted to hospital having suffered breaks to his jaw, shoulders, ribs, arms and legs, spending seven months in hospital and specialist rehabilitation care before being able to return to live with his parents.

Such was the impact of his brain injury that he will not be able to work again.

Father says legal case has brought relief to family as long-term care assured

The man’s father says he now feels relieved that all is in place for his son following the £7.5m damages settlement.

“It has been a really tough time for us all since he was in the accident, life has changed for everybody in our family,” he said.

“Our lives have been on hold as we have dedicated ourselves to supporting him since he suffered the brain injury but it has been very difficult. Nothing prepares you for something like this as a family and how demanding it is.

“He is not the son he was before his accident. He is a completely different person and of course we still love him exactly the same, but at times it has been a living nightmare as he can be aggressive and moody and there has been a lot of treading on eggshells around him.

“We have had great support through the legal process and we would have never got to this stage or coped without that support. We wouldn’t have known where to turn.

“He has needed dedicated specialists around him to ensure he has all the help he needs. Alongside that, we have been there for him since his accident, but a concern for us was how he would cope in the future when we are not around.

“When we are no longer here for him he’ll need more external support and help than ever. Now we know he’ll have that. It is a huge relief and weight off our minds.”

Settlement can ensure financial security for man and his family

Although Insurers acting on behalf of the car driver had accepted liability for his injuries at an early stage in the case, the damages settlement figure was disputed and the case was set to be heard before a judge.

However, at a meeting between legal representatives, the £7.5m figure was agreed and finally approved by the Court.

Mr McFadyen added: “In cases such as this it is increasingly rare to agree a lump sum damages settlement. This brings extra flexibility and benefits to the client as, invested appropriately, it can ensure not only suitable care support and accommodation is provided but also long term financial security for his children.”

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