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£750,000 settlement for a 50-year-old former plant fitter who sustained a moderately severe TBI in a workplace accident. Liability was admitted. Marcus represented the Claimant.
He was struck on his hard hat be chain box and clam weighing 18 kg. He sustained a mild TBI at the time but 4 months later developed debilitating headaches as a result of a delayed subdural haematoma that required evacuation with neurosurgery.
Despite several attempts to return to work, he was unable to cope, principally because of fatigue but also because of mild neurocognitive impairments.
His case was complicated by life expectancy issues arising from a lifelong heavy smoking habit and 12 years of alcoholism between the ages of 28 and 40, and the TBI. Further, he had idiopathic arthritic changes in his knees that would have impaired his fitness for heavy manual work in the last 15 years of his working life.
His partner passed away four years after the accident and at the 5th anniversary he was banned from driving for 2½ years after drink driving.
The case settled through negotiation.