Bill* was left with life-changing injuries when he was involved in a serious head-on road traffic collision. He had been on his way home from work when he was hit by a vehicle travelling on the wrong side of the road.
Soon after being admitted to hospital, Bill suffered a stroke because of damage to his carotid artery caused by the car crash. He needed surgery to remove part of the skull to relieve the pressure on his brain.
Challenges
Bill's brain injury left him with a range of difficulties including significant mobility challenges, impaired speech, fatigue, and visual impairment. He was also unable to return home because it was not wheelchair accessible.
How we made a positive impact
Bill’s partner instructed us on his behalf soon after the incident. We secured an early admission of liability from the insurers. We also gained early access to substantial interim payments for Bill. Importantly, we agreed the instruction of a case manager which allowed us to facilitate a comprehensive rehabilitation programme for Bill.
In collaboration with the insurer, we secured funding to rent suitable temporary single-level accommodation which particularly helped Bill’s discharge from hospital, while his longer-term needs were being addressed.
Bill’s solicitor Andy Shaw, partner and head of the personal injury team explains that,
“While Bill was a patient in hospital receiving intensive treatment, we were able to appoint an excellent and very experienced case manager to put in place a comprehensive package of rehabilitation which comprised neuro-physiotherapy, neuropsychological support, occupational therapy and speech and language therapy.
Our approach has always been about putting the client at the centre of everything we do, and I was pleased that in this particular case we had a co-operative insurer who was willing to do all they could to try and help my client achieve the best possible recovery he could achieve whilst, at the same time, support his partner in making the adjustments needed.”
Eventually, Bill was able to purchase a property that fitted his long-term needs.
Holistic approach
Higgs LLP is a broad-based practice and Bill was advised by other legal teams at Higgs LLP to support him in multiple areas. Andy Shaw explains “One of the strengths of a broad-based practice is that we can serve most of our clients’ needs under the same roof, rather than have to refer them elsewhere.
Despite all best efforts, given the injuries sustained, Bill was unfortunately unable to return to his previous work. I was able to work with colleagues in our employment law team to support him in negotiating his exit from the NHS Trust.
Colleagues in our conveyancing team assisted in a property purchase, and colleagues in our private client team ensured that a personal injury trust was in place to preserve any entitlement to benefits, in addition to dealing with any estate planning issues.
This case perfectly demonstrates the strength and depth of Higgs LLP and the benefits of using a law firm that can support a client holistically, with a range of legal needs.”
Outcome
Early in the claim the insurer had made an offer, but due to the significant risks of accepting an offer before completing his rehabilitation he chose to reject it. When all the evidence was ready to consider settlement Andy began negotiations. The insurer’s increased offer was not enough but, after further negotiation Bill agreed a settlement of around £5.6m. This was in addition to the costs of the rehabilitation programme which had totalled approximately £350,000.
This settlement allowed Bill and his partner to live in a property which is suitable to his and the family’s needs, and to fund his future care and treatment needs, as well as giving them financial security.
*Not their real name
