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.

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