#RoadSafetyWeek – Case Settlement Report: Traumatic Brain Injury

It is Road Safety Week this week (19th – 25th November 2023). Our Team often deals with a number of Road Traffic Accident claims which can result in life changing injuries.

Our client was out jogging with his headphones on along his usual route. He was crossing a side road when a bus turned into that road and into collision with him.

Liability was denied in full on the basis the driver alleged that our client suddenly appeared before him giving him no opportunity to avoid the collision.

Our client suffered a moderately-severe traumatic brain injury (TBI) evidenced by a right occipital skull fracture with bilateral subarachnoid haemorrhage and subdural haematoma, a brief period of immediate loss of consciousness, initially reduced GCS and a period of post-traumatic amnesia lasting up to 24 hours. Multiple rib fractures. A comminuted fracture of the olecranon (left elbow) and an injury to the left ring finger. He suffered a psychological injury.

Despite the severity of the injuries our client made good progress, not least because rehabilitation (at our request) was provided by the bus driver’s insurers.

Our client was off work for 2 months and when he returned he was on revised duties, returning to his usual role at 4 months post – accident. He was paid in full and suffered no loss of earnings.

In addition to the claim for the injuries our client sought financial losses which included care and assistance, private health fees, travel expenses, gym membership.

Medical Evidence was obtained from a consultant orthopaedic expert, neurologist, neuropsychologist and cardiothoracic surgeon.

Our client made a very good recovery from the injuries. The expert evidence concluded our client was not at a disadvantage on the labour market and although there was a small risk of epilepsy the condition would be well controlled with medication We sought an award for provisional damages.

Legal proceedings were issued and a defence filed. Shortly after this our opponents sought to negotiate a settlement.

As the client had made a good recovery from his serious injuries he was very keen to settle the claim which he did so on a 50:50 liability split and received an award of £75,000.

At Hodge Jones & Allen we are proud sponsors of Brake, a road safety charity that works with communities and organisations across the UK to stop the tragedy of road deaths and injuries and support those who are bereaved and seriously injured.