1. Case Title
Liam McDonald Secures £80,000 in Low Impact Road Traffic Accident Claim
2. Type of Injury/Claim
Road Traffic Accident involving a pedestrian struck by a reversing vehicle, resulting in a brain injury and other minor injuries.
3. Background of the Case
Incident: Our client was walking along a car park when the at-fault driver reversed slowly without checking their blind spot. In an attempt to avoid injury, our client jumped onto the bonnet but rolled off the car and landed awkwardly. Our client did not lose consciousness, and initial X-Rays showed no injury to the head or brain.
Challenges: The third-party insurer initially offered £12,000 and rejected any suggestion that our client sustained a brain injury, given the low impact nature of the collision. However, having experience in representing clients who have suffered brain injuries, we were able to identify the symptoms of a traumatic brain injury (TBI).
Symptoms of TBI: Traumatic Brain Injuries can vary in severity, and symptoms can range from mild to severe.
Mild TBI (Concussion):
- 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
- Sensory Symptoms:
- Blurred vision
- Ringing in the ears (tinnitus)
- Changes in the ability to smell
- Bad taste in the mouth
- Emotional/Mood Symptoms:
- Mood swings
- Feeling anxious or depressed
- Irritability
Moderate to Severe TBI:
- Physical Symptoms:
- Persistent or worsening headache
- Repeated vomiting or nausea
- Seizures or convulsions
- Dilation of one or both pupils
- Inability to awaken from sleep
- Weakness or numbness in fingers and toes
- Loss of coordination
- Cognitive Symptoms:
- Profound confusion
- Agitation, combativeness, or other unusual behaviour
- Slurred speech
- Coma or other disorders of consciousness
- Sensory Symptoms:
- Clear fluids draining from the nose or ears
- Loss of consciousness for extended periods
Long-term Complications:
- Cognitive deficits (memory, attention, executive function)
- Emotional and behavioural changes
- Sensory processing issues
- Persistent headaches or migraines
- Increased risk of neurodegenerative diseases
4. Proving the Brain Injury
RP Crawford Solicitors Limited undertook the following steps to prove our client sustained a traumatic brain injury:
- Detailed Instructions: Took detailed instructions from the client and those familiar with them (friends/spouse or family) to ascertain if they exhibited any new behaviours suggestive of a TBI.
- Neurologist Assessment: Arranged a neurologist assessment.
- MRI Scan: Arranged an MRI of the brain if recommended by the neurologist.
- Neuropsychometric Assessment: Arranged a neuropsychometric assessment from a Consultant Clinical Neuropsychologist to comment on the severity of the injury.
5. Legal Proceedings
Despite the initial offer from the insurer, we proceeded to sue the insurer to obtain maximum compensation. Our detailed evidence collection and expert consultations played a crucial role in building a robust case.
6. Outcome
We successfully secured a compensation of £80,000 for our client. The plaintiff was delighted with the outcome, reflecting the hard-fought win.
