Alison McCormick successful in serious head injury case

This week the High Court approved a negotiated settlement of just over £2 million in a serious head injury case. Alison McCormick, instructed by Ed Myers of Barratts solicitors, acted for the Claimant, a 25 year old single man, who suffered multiple injuries, including a traumatic brain injury, when he was a passenger in vehicle involved in a road traffic accident in 2015.

Primary liability was conceded from the outset; however, the Claimant was not wearing a seat belt, and, on the evidence, had he been restrained, then he would not have sustained such a significant head injury. By consent, in October 2018 judgment was entered for the Claimant for 75% of his damages, to reflect contributory negligence for failing to wear a seat belt.

At a joint settlement meeting in November 2019 the parties agreed a full and final lump sum settlement of £2,697,617 on a full liability basis (£2,023,212 after the discount for contributory negligence).

By reason of his brain injury the Claimant is a Protected Party. Prior to the accident the Claimant lived at home with his parents, but was fully independent, and worked full time in an unskilled job.

After the accident the Claimant developed bizarre behavioural traits. He also lost the hearing in one ear. He was unable to return to any sustained employment, and he remained living with and supported by his parents.

Although a full range of treatment and rehabilitation was offered and attempted, the Claimant did not engage. There was an issue with regard to the diagnosis of the psychotic behaviour which the Claimant displayed – the Claimant’s expert psychiatrist considered that he had developed a psychosis, whereas the Defendant’s expert thought it more likely that the Claimant’s presentation was due to “learned illness behaviour”, which was likely to improve once the litigation had ended. Life expectancy experts were instructed by the parties, and it was agreed that the Claimant had a reduced life expectancy.

The settlement figure included a contingency fund for future treatment and also awards for case management and care, future loss of earnings and pension contributions, Deputyship costs, domestic support and services, childcare support and holidays.

Alison specialises in catastrophic injury and industrial disease cases. Her caseload includes claims arising out of employers’, occupiers’ and public liability and road traffic accidents. She has particular expertise in dealing with Claimants who lack mental capacity, the terminally ill, recently bereaved and cases involving minors. To find out more, contact Graham Woods or Chris Rowe on +44 (0)20 7353 6381.

News 24 Jan, 2020