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16/07/2024
£500,000 settlement of a TBI claim where C failed SVTs twice on neuropsychological testing.
C sustained a mTBI and dental injuries in a high energy road accident. He was a university student at the time. He went on to complete his degree, obtaining a 1st after the accident.
He reported a substantial difference between functioning as a student where he could control his diary and in a workplace, where he could not take naps etc.
He struggled to cope with the cognitive demands of full-time employment. He reduced his hours to accommodate cognitive fatigue and episodic headaches.
He remained physically active playing football in the evenings a couple of times a week and for a long time after the accident continuing with a Saturday job, despite reporting intrusive cognitive fatigue.
D valued the claim at c. £100,000 and considered that there was a volitional component to his SVT failures on neuropsychological testing.
The evidence from his treating clinicians and from his work colleagues provided powerful support that there was substantial organic component maintaining his debilitating cognitive fatigue which was likely to continue to affect his stamina for intellectually demanding full-timework.
The case settled through negotiation.