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Brain injury suffered in road traffic accident

Our specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £3.9 million for a young man who suffered a traumatic brain injury following a road traffic accident.

This personal injury claim involved a young man who suffered a traumatic brain injury when he was hit at speed by a scooter as he was crossing a road in Kent.  The impact caused him to be thrown heavily to the ground injuring his head.  He sustained a severe left-sided head injury resulting in an acute left subdural haematoma and massive brain swelling.

As a result of this he became paralysed on the right side with a severely contracted right arm and very severe impairment of speech.  He is confined to a wheelchair and is totally dependent on others in essential activities of everyday living.  He also suffers from poor memory and concentration, poor mood control and aggressive outbursts.  Due to his poor control of food intake, he has become overweight and developed insulin-dependent diabetes.  His neurological deficits are permanent and no significant future improvement is expected.  He has no present or future capacity for paid employment.  He will need to be cared for by others for the rest of his life.

Insurers acting on behalf of the driver of the scooter denied liability throughout and alleged that the claimant should bear some responsibility for the accident.  Subsequent examination of the scooter by a police vehicle examiner revealed that the scooter was in poor condition and had many serious defects.  Court proceedings were issued by Thomson Snell & Passmore alleging that the accident was caused by the negligent driving of the defendant.  The matter proceeded towards a split trial and ultimately an agreement on liability alone was reduced on the basis of a 70/30% split in the claimant’s favour.

Given the complexities surrounding valuation of the claim, Leading Counsel was instructed.  Witnesses were interviewed and their statements prepared and served on the defendants.  Reports of various experts were obtained and served.

After negotiations took place, an out-of-court settlement was agreed in the sum of £3.9 million together with legal costs and settlement was agreed by the court at an approval hearing.

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