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Mohammed: Road Traffic Accident

Mohammed's Story

Passenger in a car that was involved in a head on collision with a stolen vehicle.

Mohammed: Road Traffic Accident
Mohammed suffered serious injuries in a road accident. Mohammed who was 24 at the time of the accident, sustained a severe head injury with loss of consciousness. His Glasgow Coma Scale fell as low as 6 out of 15. He sustained serious and complex facial fractures. He was treated in intensive care for 6 days and had a tracheostomy and internal fixation of the facial fractures.

Liability was been admitted early on. He underwent rehabilitation, funded on a private basis.

Whilst his recovery was good, it was not complete. His principal complaints included:

  • A severe traumatic head injury which resulted in associated severe brain injury. The Claimant had major residual neurological deficit in cognition and behaviour. His condition was described as a frontal lobe dysexecutive syndrome
  • Facial asymmetry and a painful clicking jaw

The following expert’s reports were obtained:

  1. Oral & Maxillofacial
  2. Clinical psychologist
  3. Neurologist
  4. Neuropsychologist
  5. Consultant ophthalmic
  6. Occupational Therapist
  7. Pension Loss reports
Other injuries included:

  • Complex and marked facial fractures and fractures of the left ankle and right condyle of the mandible
  • Mild left-sided hemiparesis which impaired his balance and was likely to deteriorate so that by his mid-fifties he would need walking aids but not a wheelchair
  • Damage to the 6th cranial nerve leading to affected vision in his right eye with double vision; and eye dryness (the Claimant could no longer wear contact lenses)
  • Continuing effects of the head injury and, in particular, anger, lack of empathy, social disinhibition including hyper-sexuality
  • Urinary frequency
  • Reduced sense of smell
  • Mohammed had an increased risk of developing post traumatic epilepsy which was 24 times the normal population risk

The Settlement

Mohammed’s case was that he was a Protected Party, effectively unemployable and in need of long-term support and case management.

The Defendant’s case was that Mohammed did not lack capacity, that he had a realisable residual earning capacity and that his support needs were modest. It was denied that there was any significant risk to the Mohammed’s marriage.

A Joint Settlement Meeting was held at Deanscourt Chambers in Manchester.

Negotiations which were amicable and constructive were effectively suspended and were to be continued on a Counsel to Counsel basis at a later stage in the future. Leading Counsel Mr Horlock QC took the view the Mohammed could not reasonably be expected to absorb and to reach concluded views as to a final settlement (including the issues associated with PPOs, Provisional Damages, etc.) at that stage.

A report was prepared by an independent Financial Adviser as well as a report on Pension Loss.

Further discussions took place with the Consultant Neurologist over the issue of Provisional Damages.

The Defendant made what was expressed to be a final offer and Leading Counsel advised acceptance subject to approval.

The settlement entailed the Defendant paying a gross lump sum of £1,150,000.00 on a provisional basis with the Claimant being entitled to seek further damages in the event that he suffers a serious deterioration due to epilepsy and/or meningitis.

Settlement involved the Court of Protection where the funds are managed through Deputyship.