A careless driver changed the course of Jake’s life forever
Jake – aged 32 at the time – was riding his motorbike close to his home in Hampshire when a car pulled out of a side road into his path. He was knocked off his bike and collided head-first with the front wheel of the defendant’s vehicle, sustaining very serious and permanent head injuries. Jake’s accident dramatically changed the course of his life, and the £1.75m compensation package we secured for him reflects this.
Jake’s injuries were severe and life-threatening
As well as fracturing his pelvis – which went on to rupture an artery in his stomach – and fracturing his shoulder, collarbone and several bones in his neck, Jake also suffered a very severe brain injury. A CT scan in the A&E department of Winchester Hospital revealed a massive bleed on the brain and he was placed on a ventilator and transferred to the ICU at Southampton General Hospital
Jake was unconscious for 10 days and spent over 2 months in various hospitals, before being transferred to the Bath Head Injury Unit for in-patient rehabilitation. During this time, we obtained an admission of liability from the defendant’s insurers – within just a few weeks of the accident – and secured an initial interim payment of £5,000 in less than 2 months.
Various other significant interim payments were paid as the weeks progressed, to help ease money worries and to pay for Jake’s treatment, which included speech and language therapy, physiotherapy, occupational therapy and psychotherapy.
He was left with permanent brain damage that changed his personality and his life
While Jake remains an insightful, intelligent and engaging man, he suffered significant personality changes as a result of the accident, including significant mood changes, a very poor memory at times and an inflexible attitude to differences in opinion. Unfortunately, the stress of the accident and the subsequent changes in his personality led to Jake’s marriage breaking down, and for a long time his relationship with his 2 children was strained.
Establishing Jake’s mental capacity was key to settling his claim
The accident truly changed the course of Jake’s life, and once we had secured interim payments to make sure his day-to-day financial needs were covered, it was time to start negotiating a sum that would cover the long-term financial impact of the accident.
The main issues were whether Jake had capacity to manage his own affairs, and ultimately what level of care he needed going forward. The mental capacity issue was particularly thorny – most of the leading experts on both sides believed that Jake was right on the borderline between having capacity and not, making this an unusual and difficult case to settle.
By taking the time to get to the bottom of the question of capacity and obtaining Periodical Payment Orders for both future care and loss of earnings, we helped make sure that Jake won’t need to worry too much about the management of his finances going forward.