Head and brain injury case studies

Mr DT

Mr DT, a Spanish speaking Colombian, was injured whilst working as a cleaner. He stepped into a lift when cleaning premises in London and the lift suddenly fell three floors. He sustained a head injury and suffered from headaches, memory loss and mood changes as a result.

We were able to secure an early admission of liability from the occupiers of the premises and then arranged an assessment of Mr DT’s rehabilitation needs. A Case Manager was appointed to help manage his progress and consultations were arranged with a Neuropsychiatrist and a Clinical Psychiatrist to assess Mr DT’s treatment needs.

Mr DT was unable to return to work as a result of his injuries. As a result he struggled to pay his rent and bills. We secured interim payments from the Defendant totalling £10,000 to help ease his financial problems.

We obtained medical reports from a Neurologist and Neuropsychologist. There was an issue over causation since Mr DT had suffered a previous brain injury some years previously when he was involved in a road traffic accident in Spain. The Defendant picked up on this and made an offer to settle the case in the total sum of £25,000.

We were instructed to negotiate settlement and were eventually able to secure a total settlement of £72,000 for our client.

We also advised our client on setting up a personal injury trust to pay his damages settlement into. This ensured that he continued to receive benefits after the receipt of compensation.

Mr B

Mr B, a Turkish man, was racially abused and attacked by a group of youths outside his son’s shop. A couple of weeks previously he had asked the youths to leave the shop after they attempted to purchase alcohol using counterfeit money. The youths waged a campaign of vandalism and harassment against Mr B and his son. This culminated in Mr B been set upon by the youths and hit over the head with a baseball bat. The offenders were criminally prosecuted.

Mr B suffered a head injury as a result. He was admitted to hospital with a brain haemorrhage and skull fracture and stayed in hospital for 3 weeks under observation. Mr B continued to be treated at the National Hospital for Neurology and was discharged after approximately 18 months after making good progress.

Despite making good progress Mr B continued to suffer from dizzy spells and memory loss. His mobility was restricted and he required help and assistance from his family.

We were instructed to make an application to the Criminal Injuries Compensation Authority for compensation. We arranged a local authority assessment of Mr B’s care needs and this resulted in him receiving additional daily help from a local authority carer with washing and dressing.

We reviewed the medical evidence in full and put forward Mr B’s claim to the CICA. We were ultimately able to obtain a favourable settlement of £101,523 for him. This included a substantial award to cover lifetime care and assistance provided by his family.

We also advised Mr B on setting up a personal injury trust to ensure that he continued to receive benefits after the receipt of compensation.

Advice From A Specialist Brain Injury Lawyer

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    • "They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"

      Chambers UK 2022

    • A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.

      Legal 500 2022

    • Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.

      Legal 500 2022

    • Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.

      Legal 500 2022

    • The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.

      Legal 500 2022

    • "A small but high-powered team, dealing with cases of significant value and complexity."

      Legal 500 2021

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Ben Posford is a hugely experienced solicitor who approaches his cases with confidence and realism."

    • "Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."

    • "A superb boutique catastrophic injury firm."

      Legal 500 2021

    • "Really good at dealing with people who have suffered a serious injury."

      Chambers UK 2021

    • "Affable and charming with very good client-handling skills."

      Chambers UK 2021

    • "superb firm with consummate professionals and a human touch."

      Chambers UK 2021

    • Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.

      Legal 500 2020 - Personal Injury

    • The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.

      Legal 500 2020 - Personal Injury

    • Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.

      Legal 500 2020 - Personal Injury

    • A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.

      Legal 500 2020 - Personal Injury

    • "Rob Aylott is a top-class litigator who has an unrivalled knowledge of catastrophic personal injury. A ferocious eye for detail means that quantum claims are always maximised and every angle analysed in liability cases."

      Legal 500 2020

    • Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.

      Legal 500

    • "Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."

      Chambers UK

    • "They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."

      Chambers & Partners Directory 2020, Personal Injury

    • "Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."

      Chambers UK

    • "Offers specialist expertise in cycling-related injury claims."

      Chambers UK

    • "Offers specialist expertise in cauda equina syndrome cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."

      Chambers UK

    • "Stuart is also very experienced in advising on fatal accidents and workplace accidents."

      Chambers UK

    • "They are an outstanding firm to work with. They are consistently impressive in their work."

      Chambers UK

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."

      The Legal 500

    • "Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."

      The Legal 500

    • "The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."

      Legal 500 2019

    • "Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."

      The Legal 500

    • "Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."

      The Legal 500

    • Thank you for the hard work and patience and for being so patient with my constant questions.

      Personal Injury Client

    • "I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".

      Client Review

    • Very good efficient service. Would not hesitate to use again.

      Personal Injury Client

    • I will use Osbornes for any future needs.

      Personal Injury Client

    • I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.

      Personal Injury Client

    • Sam was excellent and very professional in dealing with our claim.

      Personal Injury Client

    • Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.

      Chambers UK

    • As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.

      Chambers UK

    • Ben Posford is one of the best catastrophic injury lawyers around.

      Chambers UK

    • They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous

      Chambers UK

    • Ben Posford is 'exceptional and a real expert in the field of catastrophic injury'.

      Legal 500

    • Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.

      Chambers UK

    • My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.

      Personal Injury Department Client

    • I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.

      Personal injury department client

    • Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.

      Legal 500

    • Ben Posford ‘knows how to maximise the value of the claim for his clients’.

      Legal 500

    • "Ben Posford is singled out for his expertise in high-level catastrophic claims, particularly his handling of devastating brain and spinal injuries"

      Chambers UK

    Head & Brain Injury FAQs

    What are the stages of making a head or brain injury claim?

    1. Investigation
    2. Dialogue with opponent and arrangement of interim payments
    3. Rehabilitation and support
    4. Medical assessment into the severity of the brain injury
    5. Other expert evidence
    6. Compensation calculation
    7. Claim settlement or court proceedings

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    Speak to a Brain Injury Lawyer Today

    For a free initial conversation call 020 7485 8811

    Email us Send us an email and we’ll get back to you






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