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£700,000 settlement for a 42-year-old railway worker who sustained a mild traumatic brain injury and neuropsychiatric sequelae in a workplace accident

29th March 2019

Marcus Grant represented the Claimant who was left with enduring symptoms.

A 42-year-old railway worker recovered £700,000 in a negotiated settlement in respect of a concussive head injury which led to neuropsychiatric complications. The mechanism of injury was being struck in the face by a falling scaffolding pole resulting in orbital fractures and PTSD.

One of those complications was alcohol dependency, a problem that manifested and progressed after the insurer’s withdrawal from the rehab code left him homeless and living rough.

Further complications thrown up by the facts of the case included a prior peripatetic work history, a previous injury claim for chronic pain and PTSD in an earlier workplace accident and volatile contact proceedings with an ex-partner that pre-dated the accident. He also had a caution for being in possession of a controlled substance in the year of his accident.

His case was predicated on the basis that there was a neurological substrate to the enduring neuropsychiatric presentation, which provided for a gloomy prognosis past the 6th anniversary of the accident.

The Defendant’s case was at variance to this, asserting that the accident had not changed the trajectory of his life materially; he was destined to become dysfunctional in the workplace and to have a chaotic private life and he always had a tendency to alcohol dependency.

The £700,000 settlement reflected a compromise between the Parties’ respective positions.

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Marcus Grant

Marcus Grant
Year of Call: 1993