R v. Q 13.10.17
13th October 2017
28 year old Barrista Trainer recovered £2.2m after sustaining a multiple injuries in a car that overturned and struck a tree. Marcus Grant, instructed by Peregrine Redgrave of Stewarts LLP, represented the Claimant.
On her case the Claimant sustained an unstable T12 fracture that had partially united resulting in a kyphosis, a closed head injury causing significantly debilitating diffuse axonal injury at a microscopic level, injury to her vestibular apparatus causing vestibular migraine and significant neuropsychiatric sequelae. These injuries overlay a pre-accident psychological vulnerability and hypothyroidism and obesity. On her case, she wouldn’t be able to work again and needed case management and support worker supervision into the long term future.
The Defendant contended that the head injury caused no more than mild traumatic brain injury and that any enduring subjective neurocognitive sequelae were psychologically mediated and capable of further improvement. The spinal fracture was stable and any kyphosis at the fracture site was minimal and unlikely to be a significant source of enduring disability. Any future need for care and support was more likely to be a reflection of significant pre-accident life challenges surrounding her significant psychiatric vulnerability and issues surrounding her hypothyroidism and obesity. In any event, she would not accept the sort of support package recommended by her experts.
The claim settled through negotiation at a point between the Parties’ respective best case scenarios.