Settlement of multi-million pound claim for driver injured in head-on collision

Our specialist brain injury team has recently settled a claim for a young professional seriously injured as a result of a road traffic accident caused by the actions of a driver under the influence of drugs.

Philippa Luscombe, who heads our personal injury and medical negligence team, was approached by the partner of the claimant, who had been advised to contact her by a barrister and friend of the family. At the time of first contact, it was very early days after the accident which provided the opportunity to take quick action to secure rehabilitation and support for the claimant.

The circumstances of the accident were extremely traumatic – the claimant was the driver of the car in which he was travelling with his partner when the defendant came round the corner in the opposite direction on the wrong side of the road at speed, resulting in a high-impact collision between the two vehicles. The defendant was subsequently found to be under the influence of both drugs and alcohol.

The initial injuries sustained by the claimant were compounded by the development of bilateral carotid artery dissection as a result of the trauma of the impact, with corresponding widespread infarction in the brain – effectively the severity of the trauma was sufficient to damage arteries and cause a bleed resulting in a stroke. In addition, he suffered multiple orthopaedic issues and a direct traumatic brain injury.

The claimant was admitted to ICU and stabilised, and then underwent a number of surgical procedures for his orthopaedic and internal injuries. It quickly became clear that the effects of his stroke were significant, with him having very little functional use of his limbs on his left side and other psychological and cognitive effects.

Initially he was treated under the NHS but we made early contact with the motor insurers for the defendant driver. They quickly agreed to implement the Rehabilitation Code and put in place a brain injury case manager. This enabled steps to be taken to move the claimant into private neurorehabilitation after his initial acute care and management (and when NHS funding for ongoing rehabilitation stopped). After several months of such input he was discharged home and again funding through the claim was instrumental in securing appropriate alternative accommodation, a full package of care and therapy, and a suitable wheelchair.

As time went on, it became clear that whilst in many ways the claimant had made good progress and his orthopaedic injuries had healed well, he was unlikely to regain much useful function on his left side and would be permanently limited in his day to day function and activities. There were various other ongoing effects of the accident and injuries, including issues with memory, communication, concentration and fatigue. He was unable to return to his previous career as an architect.

The defendant’s insurers initially funded most of the claimant’s needs through the Rehabilitation Code and this enabled him to focus on maximising the recovery that he could make and adapting to his limitations. When the use of the Rehabilitation Code came to an end, interim payments were agreed to fund his ongoing therapy, support and accommodation needs.

A wide range of expert evidence was required due to the complexity and severity of the claimant’s injuries and the need in particular to consider his likely trajectory with ageing, residual working capacity and future treatment needs. Ultimately, the parties were able to agree a negotiated settlement for several million pounds to provide the claimant with the support he will require over the long term and compensate him for his lost career opportunities.

Philippa Luscombe comments: “This was an example of how the whole course of an individual’s life can be changed in a few seconds by the reckless actions of another. Our client was immensely brave and took every available opportunity to engage in rehabilitation and work at recovering from his serious injuries. However, he has been left with very significant disabilities that affect every aspect of his life. The pattern of a stroke arising from arterial dissection from trauma and the widespread consequences of this happening are something that we have seen in several high impact car accidents.

“While the substantial compensation recovered will provide support and security, it obviously cannot make up for what our client has lost. There were, however, positive aspects to the case – we had sensible insurers acting on behalf of the defendant and solicitors on both sides who had significant brain injury experience. The swift agreement to work with the Rehabilitation Code and provision of interim funding without doubt maximised rehabilitation potential and recovery in the key early stages after injury. Overall, the case illustrated that bringing a claim is not just about the sum of money recovered but what can be achieved in terms of rehabilitation, treatment and recovery with the right specialist support.”