IBB Law were instructed by a professional lady, from Buckinghamshire, in respect of a brain injury sustained as a result of a road traffic accident. In the middle of a Spring afternoon she was quite properly crossing a road when a vehicle reversed into her. The consequence was that she was knocked to the ground and struck her head. Due to the severity of the accident she had no recollection of the precise circumstances of what had caused her injury. The emergency services were quickly on the scene and she was taken to Watford General Hospital. She was assessed, and a number of investigations were carried out, including a CT scan. As a precaution, she was treated for about a week with an anti-epilepsy medication, although she did not go on to suffer a seizure. St Mary’s Hospital, Paddington, were also involved in her treatment.
Following the injury and subsequent discharge from Watford General Hospital, she was cared for at home by her husband, who took time off from work. She was very tired when she came home and slept far more than usual. She vomited, and also lacked energy. Sense of smell was almost zero, which did not recover and was not expected to recover. Headaches were troublesome from the start, initially at the back of her head. These continued for about six months or so, but eventually subsided to a level that she had experienced before her accident.
She lost some of her drive and reported as feeling mentally down. This deteriorated over time. In addition, she felt that her memory was not as sharp and that she was now finding it a struggle to find the right words, on some occasions. Her change in mood was obvious to her family.
As is often the case when someone sustains a head injury, her driving licence was suspended, which she did not recover until about 18 months later.
This professional woman worked in a local accounts department, although was absent from work for quite a while, as she convalesced to at home. When she was finally able to return to work, this was a gradual process, eventually returning to her full-time working.
Reliance was placed on the pedestrian’s husband, who took on all the household chores. Fortunately, over a period of months, she was able to return to these activities although the absence of a sense of smell had a significantly impact upon her enjoyment, not just of food, but of other aspects of her life, which we all take for granted. In addition, there has been some effect upon her sense of taste. This is quite common following a head injury, where a loss of sense of smell is often accompanied by a loss of sense of taste.
This lady reached the full extent of her recovery within about 18 months or so, following which it was possible to reach a settlement of the compensation claim with the insurers. Unfortunately, the insurers of the vehicle which struck our client, did not accept responsibility for the accident in the months following the incident. This was somewhat surprising in the circumstances but following receipt of the investigative police report and having set out our persuasive allegations of negligence on the part of the driver, the insurers acknowledged there was not a defence to the claim and therefore they agreed to settle the brain injury compensation claim on very reasonable terms.