B v. V (Unrep) 29.03.19
29th March 2019
A 42-year-old railway worker recovered £700,000 in a negotiated settlement in respect of a concussive head injury which led to neuropsychiatric complications. The mechanism of injury was being struck in the face by a falling scaffolding pole resulting in orbital fractures and PTSD.
One of those complications was alcohol dependency, a problem that manifested and progressed after the insurer’s withdrawal from the rehab code left him homeless and living rough.
Further complications thrown up by the facts of the case included a prior peripatetic work history, a previous injury claim for chronic pain and PTSD in an earlier workplace accident and volatile contact proceedings with an ex-partner that pre-dated the accident. He also had a caution for being in possession of a controlled substance in the year of his accident.
His case was predicated on the basis that there was a neurological substrate to the enduring neuropsychiatric presentation, which provided for a gloomy prognosis past the 6th anniversary of the accident.
The Defendant’s case was at variance to this, asserting that the accident had not changed the trajectory of his life materially; he was destined to become dysfunctional in the workplace and to have a chaotic private life and he always had a tendency to alcohol dependency.
The £700,000 settlement reflected a compromise between the Parties’ respective positions.