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£85k settlement for employee Claimant with no memory of injury

18/12/2020

Author: Colin Cook

Accidents and Injuries

Colin Cook, Partner and Personal Injury specialist at Hatch Brenner Solicitors on Theatre Street in Norwich, recently 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.

Colin Cook, Hatch Brenner Partner and Head of Dispute Resolution commented: “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. A hearing which, due to COVID-19, took place remotely by telephone.”

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 660 811 or email colincook@hatchbrenner.co.uk

Colin Cook, Partner and Personal Injury specialist at Hatch Brenner Solicitors

Colin Cook, Partner and Personal Injury specialist at Hatch Brenner Solicitors

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