Posted: 06/02/2017
The personal injury team at Penningtons Manches LLP has settled a personal injury claim for a part-time physiotherapist and sheep farmer who was involved in a road accident in Wales in 2013. As a result of the accident, she sustained a serious head injury leaving her with limited vision, mobility difficulties and some cognitive impairment.
The claimant was represented by Warren Collins, a partner in the firm’s London office. She had originally instructed other solicitors but it became clear that they did not have the expertise needed to manage a serious brain injury case and she was recommended to transfer her case to a head injury specialist. Assessing her care and the claim was complicated not just because of the severity of her injuries but also the fact that the farm which she ran with her husband was in a very remote area.
Significant investigations were undertaken and extensive expert evidence was obtained looking at the cognitive and physical difficulties that the claimant had, how they affected her and how she could best be supported. Careful consideration had to be given to the issue of where she and her husband would live and how support could be provided.
Ultimately the case settled for a substantial six figure sum at a joint settlement meeting.
Philippa Luscombe, a fellow partner in Penningtons Manches’ personal injury team, comments: “Managing cases involving serious brain injury requires considerable experience as well as knowledge of a wide network of suitable experts, rehabilitation providers and counsel. A number of the cases which we deal with start off with other firms of solicitors and then are transferred to us when the complexity of a claimant’s needs is recognised. This client was recommended directly to Warren as an expert in his field.
“The most important thing in any claim is to try to maximise the claimant’s independence and quality of life. A great deal can be done but specialist experience is necessary to ensure that this is achieved. Ensuring you know your client and what matters to them is also key as there is little point in setting up a lifestyle that is not the one they would choose. The aim of a claim should be to enable a client’s lifestyle choices to be supported as far as possible.”