1. Case Title
Liam McDonald Resolves an Accident at Work Claim for £590,000
2. Type of Injury/Claim
Employer’s liability/ Accident at Work claim involving our client getting struck with an object falling from height causing a shoulder injury and brain injury.
3. Background of the Case
Summarise the key facts of the case:
- Incident: Client was involved in an accident on a building site and suffered a blow to the head and soft tissue injuries. After significant investigation we confirmed a brain injury was sustained. We obtained 12 medicolegal reports from various consultants, namely psychiatrists, neurologists, neuropsychologists, orthopaedic consultants, occupational therapists, and pain experts. We then obtained care reports to set out the cost of any future care and instructed a forensic accountant to recover future loss of earnings.
- Challenges: The insurers initially denied liability and rejected any suggestion that the client sustained a head injury. We required to issue legal proceedings, and the insurers’ legal representatives offered £250,000, which was rejected. A week before the trial, the defence solicitor ultimately settled the case for £590,000, which our client was delighted with.
4. Legal Issues
We were required to establish the presence of a brain injury through private MRI investigations, neurologist reports, and neuropsychometric testing. Once established, we had to obtain “quantum reports” to evidence any future care and future wage loss. This case was a liability fight, and the defence also alleged that our client’s injuries were less serious than they were. We had to obtain witness statements and gather large volumes of medical evidence.
5. Outcome
A significant sum of £590,000 was received in compensation, and the client was delighted after a hard-fought win.
6. Key Takeaways
- Thorough Evidence Collection: The importance of comprehensive evidence collection, including detailed medical reports and expert testimonies, cannot be overstated in establishing the severity of injuries and the long-term impact on the client’s life.
- Persistence in Negotiations: Persistence in negotiations and a willingness to proceed to trial can lead to significantly better settlements for clients.
- Awareness of TBI Symptoms: If you or a friend/relative have been involved in an accident where a head injury was sustained and have noticed any of the following symptoms, a traumatic brain injury may have been sustained. In minor accidents where the trauma is not significant, this can often be overlooked. Luckily, we have experience in this field and are always on the lookout for the following symptoms:
Physical Symptoms:
- Headache
- Nausea or vomiting
- Fatigue or drowsiness
- Dizziness or loss of balance
- Sensitivity to light or sound
Cognitive Symptoms:
- Confusion or feeling dazed
- Memory problems or difficulty concentrating
- Slowed thinking or response
7. Solicitor Contact Information
- Name: Liam McDonald
- Position: Solicitor/Director
- Email: liam@rpcrawfordsolicitors.com
- Phone Number: 02890381024
