85k settlement for employee claimant with no memory of injury

Colin Cook, brain injury specialist at Hatch Brenner Solicitors acted for a client who suffered a workplace injury.

Master McCloud approved a settlement in the case involving a Claimant who was injured whilst working for a Norfolk-based company.

The 63 year old claimant (61 at the time of the accident), sustained a traumatic brain injury in the course of his employment. He was tasked by his employer with loading a flat bed lorry in readiness for his deliveries later that day. The Claimant was later found unconscious next to the lorry with clear signs that he had sustained trauma to his head. With no memory of the accident, no eye witnesses and no CCTV evidence, the Claimant extrapolated how the accident was likely to have occurred by relying upon his normal working practices.

Liability was disputed by the Defendant company putting the Claimant to proof, on the balance of probabilities, as to how the accident occurred.

The Claimant sustained a frontal lobe injury resulting in marked cognitive deficit.

Settlement was negotiated between the parties resulting in an award of £85,000.

“The case involved subtle nuances when addressing the issue of mental capacity which, at the Defendant’s request, required the Court’s intervention to approve the final agreed settlement under the rarely used principles set out in Perfect v Coles [2013]. These principles confirm the Court’s inherent jurisdiction to approve the settlement in a case without first determining the issue of mental capacity. The settlement was approved by Master McCloud sitting in the Queen’s Bench Division of the High Court of Justice in London.”

Colin Cook
Brain Injury Specialist

If you or a loved one has suffered a workplace injury resulting in a traumatic brain injury, our experienced personal injury claims solicitors are here to provide expert support. Cases like this highlight the complexity of brain injury claims, where issues such as liability, mental capacity, and the need for Court approval require a nuanced approach. At Hatch Brenner, we are committed to securing fair compensation for seriously injured clients, working tirelessly to ensure the best possible outcome.

This case is one of many high value settlements which represent the core of the work Hatch Brenner undertakes for seriously injured clients. If you would like to speak to Colin Cook about your circumstances call 01603 214 200 or email [email protected]