Passenger in a car that was involved in a head on collision with a stolen vehicle.
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.
- 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:
- Oral & Maxillofacial
- Clinical psychologist
- Consultant ophthalmic
- Occupational Therapist
- Pension Loss reports
- 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 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.
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 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.