A 32-year old man from Leeds has received a six figure sum in compensation following a major traffic collision. The incident left the man with a significant brain injury and fractured skull.
The accident happened on the A1 (M) in December 2011. The man was travelling in his employer’s vehicle, when an overturned trailer from an HGV on the other side of the motorway came across the central reservation and fell on top of his car.
He was taken to Leeds General Infirmary, where he remained in a coma and required a craniectomy to relieve pressure on his brain. Following this, he was moved to the Chapel Allerton Hospital, before being discharged at the end of January 2012, due to such a positive recovery.
Morrish Solicitors were able to secure interim payments which helped to keep him and his family afloat financially during this difficult time. They were also able to get funding for psychological therapy for the man, who suffered from poor memory and concentration, fatigue and anger/behavioural issues as a result of the accident.
His wife said: “He had to ‘re-learn’ how to be a dad – he couldn’t remember how to interact. He used to play rugby every week and is now not able to under medical advice. He also suffers from speech problems, knowing what he wants to say, but can’t seem to find the right words.”
Martin Bare, personal injury Partner at Morrish Solicitors, who worked on the case said: “My client suffered severe injuries as a result of the accident which have ongoing effects on his daily life and ability to get back to work.
I am pleased that we were able to obtain funding for him to access rehabilitation. This has gone a long way to him getting back to health and to work. He went on to complete the London Marathon raising funds for the brain injury charity Headway, which is a considerable achievement after everything that he has been through”.
With the benefit of his rehabilitation and therapy input, he was able to return to work part-time. However, it is unlikely he will be able to return to work full-time for the rest of his working life and he now has an increased risk of post-traumatic epilepsy due to his injuries.
Investigations carried out by Martin Bare revealed that the road accident all started with a trailer detaching itself from a transit van. The HGV travelling behind then swerved to avoid it, causing it to topple over and end up on the opposite side of the carriageway on top of the 32-year old man’s car.
The driver of the transit van was eventually charged and convicted with the use of a motor vehicle and trailer in a condition likely to cause danger or injury.
The van driver’s insurers, Aviva, admitted liability.
Following negotiations at a joint settlement meeting in October 2014, a full and final six-figure settlement was accepted. This figure took into consideration future loss of earnings, interim payments and refund of state benefits to the state, along with provisional damages on the question of the increased risk of epilepsy.
Compensation will provide a better quality of life
The man said: “The outcome of my accident wasn’t just the physical pain and discomfort I suffered, but also the financial pressure it put on me whilst I was unable to work and now that I am unable to work full time.
This is a situation that could have been avoided. I am delighted with the final settlement I have received, with the help of Martin at Morrish Solicitors. The various interim measures put in place really helped me to deal with the very difficult times following my injury.
I can now look forward to enjoying life with my family.”