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Mike: Road Traffic Accident

Mike's Story

Front seat passenger in a car that turned right across the path of an oncoming bus.

Mike: Road Traffic Accident
Mike was a successful Hotel Manager.

The accident occurred when a motor car, being driven by the Defendant and in which Mike was a front seat passenger turned right across the path of an oncoming vehicle, a single-decker bus. As a result the manouvre led to a side end impact collision, causing Mike to sustain serious and multiple injuries.

Liability was admitted and the Second Defendant would have met any judgment in its capacity as Article 75 Insurer.

Mike was trapped in the vehicle for some 45 minutes. He sustained a severe head injury with an associated severe brain injury, comprising a right parietal extradural haematoma and a depressed skull fracture, and a traumatic axonal injury. He had developed and continued to show evidence of significant cognitive impairment, manifesting in particular in problems with his memory, impaired initiation and execution, poor organisation, impaired word-finding, difficulty multi-tasking, anxiety, significant fatigue and a short temper. He also suffered injury to the chest and lower pelvis and impairment of smell, taste and hearing and psychological injuries.

Mike was at risk of developing post-traumatic epilepsy. That risk stood at 16.7%. The risk would reduce to 12% in years five to nine, and to 4% after 10 years. The population risk was 0.5%. Mike sought a provisional award of damages on the assumption that he might develop epilepsy which was not capable of being controlled in the future.

Mike lacked capacity to manage his affairs or to conduct this litigation within the meaning of the Mental Capacity Act 2005.

On behalf of the Claimant reports from the following experts were obtained

  1. Consultant Neuropsychologist
  2. Neurologist
  3. Consultant ENT Surgeon
  4. Consultant Orthopaedic Surgeon
  5. Care Expert

Following a Joint Settlement meeting the Defendant agreed to pay a global lump sum of £1,600,000.