Complex Brain Injury Claim following Workplace Accident

Adam’s solicitor asked us to take over his claim for compensation because he needed a solicitor with expertise in complex brain injury claims. Adam was a freight-checker in a distribution depot checking lorry loads of materials before they were despatched, to be stored in the warehouse. On the day of the accident, an unstable load weighing in excess of 1 tonne slid off a lorry crushing Adam and causing him a traumatic brain injury, and catastrophic physical injuries.

Immediate needs assessment

When we received his previous solicitor’s file we engaged a case manager to undertake an Immediate Needs Assessment of Adam’s cognitive, physical and psychological requirements. We invited the vehicle’s insurers to agree to fund the cost of this assessment under the Rehabilitation Code of Practice – an agreement for early rehabilitation between solicitors and insurance companies. They did not respond so we started immediate Court proceedings. We requested a significant interim payment of damages to cover the cost of not only obtaining an assessment of Adam’s needs, but also providing the rehabilitation which the assessment would recommend.

The logistics company denied responsibility for the accident and refused an interim payment. We made an application to the Court for the payment and although refusing to grant this voluntarily, on the eve of the hearing, they capitulated and they agreed the requested interim payment.

Helping Adam with his recovery

Once the funds arrived, we were able to employ a case manager who in turn arranged for occupational therapy, physiotherapy (including hydrotherapy) and the employment of a support worker. These professionals were able to provide extremely valuable support to Adam in his recovery.

Interim payments to improve daily life

Unfortunately, four years following the accident Adam has been unable to return to any sort of work. He requires mobility aids, including an adapted vehicle, a mobility scooter, and a powered wheelchair (which would be transported in his vehicle). Again we requested an interim payment from the insurers who again refused. Once more we applied to the Court and yet again was conceded the day before the hearing. The insurers have now provided funds and Adam has been able to purchase an adapted vehicle which will take his powered wheelchair, together with a mobility scooter for everyday use.

Adam’s case has not resolved as the insurers are refusing to make any meaningful offer to settle. Accordingly we are pursuing a trial at the earliest opportunity; in the meantime however our intervention has allowed Adam to enjoy the equipment and professional services which he needs.