Home / Resources / £700,000 settlement for a 51-year-old man who sustained a brain injury in a bicycle accident approved by Master Cook

£700,000 settlement for a 51-year-old man who sustained a brain injury in a bicycle accident approved by Master Cook

14/11/2019

A 51-year-old IT Trainer sustained a brain injury in a cycling accident in London when cut up by a bus. Marcus Grant represented the Claimant who was left with enduring symptoms.

It took the  Claimant 4 years to secure a liability compromise 99% in his favour before any rehabilitation could commence.

He was left with acute fatigue and a reduced ability to cope with hassle and reduced motivation and heightened anger. He was unable to return to his career, but his loss of earnings was militated by a generous PHI policy paying 75% of his salary at the time of the accident.

The battleground between the parties was whether so many years post-accident he needed, or would accept a comprehensive support package comprising a head injury trained case manager and some support worker involvement for the rest of his working life.

A further issue between the Parties was whether there was a heightened dementia risk in old age and, if so, whether it should be quantified now on a chance basis rather then tied up on a provisional damages award.

It was agreed that he had borderline capacity with the presumption of capacity provided under the mental Capacity Act 2015 preserved.

The parties negotiated a compromise of these issues with a lump sum award of £700,000.

The Defendant asked for the settlement to be approved by a Master by reference to the Court’s inherent jurisdiction under s. 19(1) of the Senior Courts Act 1981, applying the principle established by Teare J in Coles v. Perfect [2013] EWHC 1955, notwithstanding the fact that the presumption of capacity was not displaced.

Master Cook acceded to that request and approved the settlement.

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Personal Injury
Clinical Negligence

Marcus Grant

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