Our client could not return to his previous role at work following his injuries. We succeeded in an agreement to fund his rehabilitation under the Rehabilitation Code.
Our client will be referred to as “John” to protect anonymity.
Our client and his injuries
We acted for John, a gentleman who suffered a severe traumatic brain injury following a road traffic incident resulting in significant cognitive decline and a diagnosis of Organic Personality Disorder. Other injuries included a spinal fracture, vestibular dysfunction, deafness in one ear, and a fractured leg.
Securing privately-funded rehabilitation
John made an excellent recovery with the support of privately funded rehabilitation under the Rehabilitation Code but was unable to return to his senior executive role held at the time of the incident due to personality changes and a decline in his memory.
The primary issues between the parties concerned John’s likely career trajectory in the absence of the incident, and the diagnosis of Organic Personality Disorder. Considerable efforts were made to obtain supportive witness evidence from former colleagues to prove the career trajectory.
Conclusion and settlement
Expert evidence was obtained by both parties from forensic accounts and employment consultants to help narrow the issues and to enable a negotiated settlement for John. His personal injury claim settled for £3.5m following a joint settlement meeting several months before a 10-day trial, listed at the Royal Court of Justice.
