Brain Injury Case Study 2: Head and Leg Injuries Sustained By a Building Contractor

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A scaffolder from the south east of England sustained head and leg injuries while going about his daily work. He required significant hospitalisation, which involved a leg amputation. On being discharged home, he required high level care from his wife. As he was no longer able to negotiate stairs with ease, alternative accommodation was purchased with the compensation money, before the final settlement was agreed. Adaptations were made to the new home, to ensure the family man was able to maximise the use of his property. He was not able to return to work so his compensation included a substantial loss of earnings claim.

His compensation claim included prosthetics to ensure that he comfortable legs to wear at all times, for daily use, swimming and for sports related activities. On-going privately funded therapies were also required and thus those needs were included as part of the compensation package. He benefited from a brain injury case manager, sourcing various therapies, to maximise the recovery.

As responsibility was not fully accepted by the driver, the case proceeded to trial in the High Court. The court gave judgement in our client’s favour.

Rather than taking compensation in a lump sum, a mixture of a substantial cheque and annual (guaranteed) payments for life were negotiated, to ensure funds were available for life, to meet on-going costs and future needs.

Lead Partner: Malcolm Underhill