D v. R
(Unrep) - 15.02.22
£3.9m settlement for a university student who sustained a brain injury in a road accident
Marcus represented a then 19-year-old undergraduate who sustained a severe traumatic brain injury in a road accident. He was left with mild dysexecutive symptoms, some cognitive weakness and significantly reduced mental stamina. He received excellent rehabilitation including a trial of independent living that was frustrated by the lockdowns.
He was left with a modest theoretical residual earning capacity premised on the need to secure part time non-stressful work with a diversity-aware employer prepared to make adjustments to accommodate his enduring difficulties.
He required a light touch case management and support worker regime to provide him with additional prompting and safeguarding in times of stress and to ensure that he maintained sustainable goals and structured activities to provide for a reasonable quality of life. He was destined to have to accommodate loneliness associated with being less able to sustain lasting supportive relationships.
The settlement reflected his aspirations to follow a career that would have paid above average postgraduate earnings, had he succeeded. That career model was discounted to reflect the loss of chance.
The case settled through a structured negotiation with each side respectful of the other’s position.