MXL v. Hussain & RSA – 29.03.18
Mr Justice Martin Spencer approves £1.35m lump sum settlement in a brain injury case. Instructed by Amina Ali of Barings Solicitors. Marcus Grant instructed by Amina Ali of Barings Solicitors, represented a 27 year old pedestrian who sustained a severe brain injury in a running down accident when he walked into the path of a car at night whilst intoxicated.
It took 5 years to secure a 50:50 liability apportionment whereupon funding was made available to attempt to provide neuro-rehabilitation to treat the symptoms of a significant dysexecutive syndrome. The brain injury left his neuro-psychological executive functioning intact; however, his judgment centre was affected rendering him prone to making impulsive, erratic and often self-destructive decisions. He was of low pre-morbid intelligence with a forensic history which made the assessment of the ‘but for’ part of his claim difficult. Further he rejected much of the neurorehabilitation and follow-up support given to him and developed an alcohol and illicit drug dependency. An issue in the case was whether he would be overcompensated if he recovered damages for a support structure that he subsequently rejected. A global lump sum settlement was reached at £2.7m, reduced to £1.35m to reflect the liability apportionment.