T v. R 07.04.21
A 30-year-old ground worker recovered £500,000 in respect of injuries sustained in a road accident in which the van in which he was a passenger tipped over at speed, and slid on its side along the road surface
On his case, he sustained multiple soft tissue injuries, a mTBI, PTSD and a moderately severe depressive reaction amounting to an adjustment disorder.
He received two years of intensive rehabilitation from R’s insurer following which he reported a residuum of enduring debilitating symptoms of pain, fatigue, impaired cognition, behavioural and psychological symptoms that precluded him from returning to work.
He presented with an array of maladaptive coping strategies that included alcohol abuse and a gambling habit that his growing family could not afford.
His case was presented on the basis that the interaction between the mTBI symptoms, the chronic pain and the psychological triggers were such that each component maintained and aggravated the others.
R’s response was that T ought to have made a good recovery from his injuries with the rehabilitation and that conscious and unconscious mechanisms may explain the persistence of the subjective symptoms. R pointed out that the litigation was a powerful maintaining factor and that his future prognosis was significantly more promising than that presented by his own experts.
The above settlement sum represented a compromise between the parties’ respective positions.