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Marcus Grant instructed on behalf of claimant on £1.4m settlement for a 27-year-old graduate from Malaysia who sustained a brain injury in a road accident.
She was struck by a protrusion from a passing lorry causing her to land heavily on her occiput. She sustained a skull fracture and an extradural haematoma and diffuse axonal injury. she was placed in a coma and underwent decompressive craniectomy surgery. She made an excellent, though incomplete recovery from her brain injury. She was left with reduced mental stamina and compromised awareness of the severity of her enduring symptoms.
The case was settled on the basis that she would likely suffer a significant reduction in her potential lifetime earning capacity, notwithstanding her ostensibly good recovery from the worst effects of the brain injury during the acute and sub-acute post-accident phases. There was uncertainty surrounding her immigration status both on the ‘but for’, and post-accident cases.
The parties worked collaboratively to optimise her rehabilitation against the backdrop of various restrictions arising from the Covid pandemic.
By the third anniversary of the accident the parties felt able to engage in settlement discussions to compromise the case in the sum identified.