Leading personal injury and medical negligence solicitors
Rehabilitation Code and settlement fund rehab for brain injured victim of dangerous driver
Boyes Turner’s brain injury lawyers have negotiated a £750,000 settlement for a woman who suffered severe brain injuries from which she was not expected to survive when her stationary car was hit by a dangerous driver. In addition, using the Rehabilitation Code, personal injury expert, Kim Smerdon, obtained funding for rehabilitation which facilitated our client’s recovery from coma to her eventual return to work, from the defendant’s insurer, overcoming difficulties with evidence and the defendant’s denial of liability for the claim.
Head injury charity, Headway, introduced the claimant’s parents to Boyes Turner’s brain injury team when their daughter was in coma following an RTA (road traffic accident). Her car had been hit as she waited to turn right from a minor road into a major road. The other driver was thought to have right of way and in the absence of witnesses was denying liability for the accident.
The claimant’s parents had been told that she might not survive her devastating injuries – a severe brain injury with subarachnoid and subdural haematomas, bilateral contusions and a Glasgow Coma Scale score of 6/15 with post-traumatic amnesia of 6 weeks. She went on to suffer significant cognitive impairments involving memory, executive function and processing. Her other injuries included residual right (dominant side) hemiparesis, fractured pelvis, a collapsed lung and bruising.
At Boyes Turner we are committed to helping our injured clients optimise their prospects of recovery, by securing interim payments or Rehabilitation Code funding for early specialist intervention and rehabilitation as soon as possible after the injury. Where liability is denied this can be very difficult to achieve, as defendant insurers can be unwilling to make large payments to a claimant in relation to injuries for which they might not ultimately be proven liable.
In this case, at the time that Kim was instructed the police accident report was not available, there were no witnesses to the accident and in the absence of other evidence, the defendant appeared to have right of way. However, if the claimant was to be given the best chance of recovery it was essential that her rehabilitation continue seamlessly after was discharged from post-accident NHS hospital care. Kim invited the defendant insurer in a letter of claim to make an interim payment and fund a rehabilitation assessment and treatment under the Rehabilitation Code. The defendant insurer agreed, and the claimant received uninterrupted rehabilitation on her discharge from hospital including occupational therapy, physiotherapy, neuropsychology and vocational rehabilitation. This early intervention made such a difference to the claimant’s recovery that she made a phased return to work beginning 14 months after the accident and building herself up to her former office-based position within a further 12 weeks. Despite regaining her independence and her ability to earn an income from work, her severe brain injury will result in life-long problems, including the need for significant physiotherapy and care.
Our client’s rehabilitation was already underway when the police investigations concluded with the defendant driver being convicted for causing injury by dangerous driving. The defendant insurer then admitted liability.
Kim worked with experts in clinical neuropsychology, neuro-physiotherapy, neurology, neuro-occupational therapy, care and orthopaedics, to value the claim. Despite the claimant’s good recovery – which would not have been possible without timely rehabilitation - and her return to work, Kim secured a settlement of £750,000, without the need for court proceedings.
If you or a loved one have been seriously injured as a result of dangerous driving please contact our team of specialist solicitors on 0118 952 7137 or email firstname.lastname@example.org.
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