Complex Brain Injury Claim following Workplace Accident

Adam was a freight-checker in a distribution depot. His job involved 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. The load crushed Adam and caused him a traumatic brain injury, and catastrophic physical injuries.

Adam initially engaged another solicitor but this person recognised that Adam needed a solicitor with expertise in complex brain injury claims. He asked us to take over Adam’s claim for compensation and we agreed.

Complex Brain Injury – Getting an immediate needs assessment

When we received the file from Adam’s previous solicitor, we engaged a case manager to undertake an Immediate Needs Assessment. This included a review 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. We required this payment not only to cover the cost of obtaining an assessment of Adam’s needs, but also to provide 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. Although Adam’s employer initially refused 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, our team was 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. We applied to the Court once more and yet again the insurers 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.