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MXL v Hussain & RSA

03/04/2018

Mr Justice Martin Spencer approves £1.35m lump sum settlement in a brain injury case.  Instructed by Amina Ali of Barings Solicitors. Marcus Grant instructed by Amina Ali of Barings Solicitors, represented a 27 year old pedestrian who sustained a severe brain injury in a running down accident when he walked into the path of a car at night whilst intoxicated.

It took 5 years to secure a 50:50 liability apportionment whereupon funding was made available to attempt to provide neuro-rehabilitation to treat the symptoms of a significant dysexecutive syndrome. The brain injury left his neuro-psychological executive functioning intact; however, his judgment centre was affected rendering him prone to making impulsive, erratic and often self-destructive decisions. He was of low pre-morbid intelligence with a forensic history which made the assessment of the ‘but for’ part of his claim difficult. Further he rejected much of the neurorehabilitation and follow-up support given to him and developed an alcohol and illicit drug dependency. An issue in the case was whether he would be overcompensated if he recovered damages for a support structure that he subsequently rejected. A global lump sum settlement was reached at £2.7m, reduced to £1.35m to reflect the liability apportionment.

Related Barristers

Personal Injury
Clinical Negligence

Marcus Grant

Call 1993

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Related Practice Areas

Personal Injury

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