X v. Y
£3.5m settlement for a former contract cleaner who sustained a TBI in a motorcycle accident. Marcus represented this 25-year-old contract cleaner who was thrown from his motorcycle after the Defendant driver pulled out of a side road in front of him.
He sustained a TBI characterised by facial and skull fractures, widespread diffuse axonal injury in the mid brain, right frontal, and temporal lobes, ophthalmic injuries and damage to his vestibular system. The brain injury left him with some modest residual proprioception death sits down his right side and with mild dysarthria and profound mental fatigue.
Neuropsychological testing revealed, only minor, enduring deficits. However, it concealed the full extent of his dysexecutive syndrome that left him compromised in dealing with novel situations. His life became complicated after marrying a woman with disability and fathering a child with her which triggered involvement by Social Services to safeguard the child.
The case raised complex questions on the medicine as to whether he retained capacity under the Mental Capacity Act 2005 if adjustments were made, whether he required ongoing input from a case manager and support worker, and whether he could recover damages to replace his lost ability to provide care services to a disabled wife whom he met and married after the accident.
There were also allegations of contributory negligence relating to excess speed and riding a motorcycle with illegal tyres.
There was substantial disagreement regarding the appropriate ‘but for’ career model and whether or not he retained any residual earning capacity.
The above settlement, net of any contributory negligence risk, reflected a compromise between the parties’ optimum pre-trial positions.