As with many clients who have suffered a head injury, our client had no recollection of the accident. We knew from the police reports that he had been driving the car when injured. Because our client could not speak up for himself about what happened it was more difficult to prove that the other driver was at fault.
Early Rehabilitation after Brain Injury
Thanks to our experience of dealing with complex issues of liability, we finally managed to secure a full admission of liability a year after the accident. We also needed to make sure that rehabilitation for the client was put in place as soon as possible after the accident to give him the best chance of recovery. Our expert brain injury team have spent decades working with professionals who specialise in this area so there was no delay finding the right people to help with therapy, care and equipment. Debra managed to persuade the insurers to fund rehab through the Rehabilitation Code, on the basis that some fault by the defendant was bound to be upheld.
Making the Claim for Brain Injury
Once Debra had got the evidence together to secure 100% finding of blame against the defendant, she could concentrate on valuing the client’s loss of earnings claim. This is often challenged by defendants but we were able to get the very best result for the Claimant because of our experience. Debra investigated how her client’s career path would have progressed but for the accident. Sadly our client was not able to continue working because of his traumatic brain injury (TBI). Debra made sure we had the statements and evidence to prove his case.
We think it is vital that any lawyer acting for a client with a head injury has a proper understanding of TBI. Debra’s role as Secretary of Headway Derby and her many years spent helping clients with TBI ensured she knew about the impact of TBI on the claimant and his family.
We pride ourselves that our low caseloads mean we also have the time to work closely with claimants and their families, who trust us to secure the best possible compensation to help them in the future. The final award in this case was approved by the Court and the Claimant needs a Deputy to act for him in the Court of Protection because his TBI affects his ability to manage his own financial affairs. Julie Greenwood, Head of our Court of Protection Department at Barratts, has been able to work with Debra during the claim. She is continuing acting for the client after the settlement was approved by the Court. Our Deputy service means that clients have much better continuity during and after the claim settles.
This case is an example of the importance of instructing only senior lawyers with expert understanding of TBI and rehabilitation. Early action and involvement of senior lawyers makes all the difference and produces a better and more timely outcome. The client’s family did not want to deal with large teams of junior lawyers; knowing that Barratts’ solicitors are consistently ranked at the top of their profession meant the family had confidence in us and Debra to do the job properly.