A v. D
(Unrep) - 03.02.22
£1.355m settlement for a warehouse worker who sustained a brain injury in a road accident.
Marcus represented a then 22-year-old warehouse worker who sustained a severe traumatic brain injury in a road accident. He was left with mild dysexecutive symptoms, some cognitive weakness and reduced mental stamina. He received excellent rehabilitation including a trial of independent living.
He recovered the ability to live on his own and to sustain a supportive and loving relationship. He aspired to return to remunerative self-employment. He recovered most of his pre-accident physical strength, but was unable to contemplate the cognitive demands of his chosen career pre-accident as a heating engineer.
The settlement factored in a modest residual earning capacity and the need for some ongoing light touch case management. However, in large part because of the excellent rehabilitation he received under the auspices of the Serious Injuries Rehabilitation Code, he made an objectively good outcome from a serious TBI.
His rehabilitation suffered a setback when the defendant suspended funding for the rehabilitation at the second anniversary of the accident. That necessitated early issue of proceedings to secure an interim payment to restore the rehabilitation package.
By the fifth anniversary of the accident he had achieved a good outcome on which basis of claim settled through negotiation.