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  • Overview

    P was 14 years old when, in 1998, he was involved in a road traffic accident.

    He made good progress in hospital as a result of intensive neurorehabilitation, but the cognitive, emotional and behavioural consequences of his acquired brain injury were considerable. 

    P found it hard to adjust on his return to family and school, and his education was cut short.  P drifted into inappropriate friendships and, following an incident, he was sentenced to 5 months at a young offenders’ institution.  A further incident resulted in him receiving probation. 

    By 2005 circumstances in the family home had become extremely difficult, and P moved into a hostel and then a rented flat.  He continued to make unwise friendships and by 2007 was living in squalor, using cannabis and drinking to excess. 

    In 2007 P agreed to be admitted to a rehabilitation unit, and 18 months later he returned home to live with his family.  However, the arrangement was short-lived and culminated in violent outbursts, as a result of which P was sectioned under the Mental Health Act. 

    P was assessed as lacking capacity to manage his property and financial affairs, and in 2008, the litigation solicitor dealing with P’s damages claim approached us with a view to Eddie Fardell being appointed as deputy.  After meeting with the family, an application was made to the Court of Protection and Eddie was appointed as Deputy in relation to P’s property and affairs. 

    Over the next few years our Court of Protection team has been involved in:

    • Funding a care regime;
    • Setting up regular allowances for day to day outgoings;
    • Providing funds for P to have his first holiday since childhood;
    • Renting a property for P to move into;
    • Dealing with P’s benefit entitlements; and
    • Liaising with the litigation solicitor.

    The litigation claim continued, and in October 2013 P was awarded damages of £2.6million, plus annual payments to cover the cost of his day to day care and case management.  These annual payments will increase with inflation.

    P was unhappy with the settlement and felt the annual payments were too low. As a result his behaviour deteriorated, an outburst culminated in criminal damage to the rented property, and P was arrested.

    On his discharge there were further violent outbursts, to the extent that his support workers felt unable to work safely with him. P eventually agreed to move into a rehabilitation unit as a voluntary patient. 

    P spent a further 18 months at the rehabilitation unit, the last 6 months in a satellite unit where several residents live in the community with support.  P has responded very well to the rehabilitation programme to the extent that he has recently purchased a property and is currently living independently with input from a support worker 3 days per week.

    We have continued to support P throughout the years and we feel that we have built up a close rapport with him. P has a history of disengagement and our involvement has been one of the few constants in his life. We look forward to continuing to support him as this next chapter in his life begins.

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    Our highly specialised personal injury lawyers have in-depth experience in dealing with complex compensation claims for adults and children who have suffered brain injury.  

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Jargon Buster