H v. L (Unrep) 01.03.19
1st March 2019
A 24-year-old lady recovered £3.1m in a negotiated settlement in respect of a brachial plexus injury and a concussive head injury sustained in a car crash
She was the front seat passenger in a head on car crash at the age of 18. Four years earlier she sustained a severe brain injury in a riding accident that left her with a residuum of cognitive symptoms and a mild left sided hemiparesis.
On her case, she sustained a brachial plexus injury and a further brain injury, that was at least ‘mild’, and possibly ‘moderately severe’ in terms of technical severity, but which had a disproportionate impact on her mental stamina and cognitive and executive functioning because of the cumulative effect of successive head injuries. Her problems were compounded by the significant deficits from the brachial plexus injury. The bulk of her claim arose from her care needs and lost earning capacity.
The Defendant did not accept that she had sustained any significant brain injury and sought to attribute the bulk of her subjective report of compromised cognitive function and reduced mental stamina to the consequences of the earlier riding accident. It sought to argue that she did not need extensive support from a support worker or from a nanny in due course and that there was no need for enduring case management.
The £3.1m settlement reflected a compromise between the Parties’ respective positions.