Weightmans were instructed in a claim where the claimant was involved in a road traffic accident and sustained a head injury. It was alleged that the claimant sustained a brief loss of consciousness at the scene but there was conflicting evidence on this. It was alleged that the accident resulted in a subtle brain injury with on-going headaches and visual disturbance.
The claimant’s experts were of the view that scans were inconclusive as to whether there was any organic brain damage evident, and recommended review of the scan by a neuroradiologist. The claimant alleged he had required significant care from family members due to his injuries.
The potential value of the claim was high. We highlighted the differing views of the experts, police and witnesses on whether the claimant lost consciousness. There were concerns on the consistency of the Claimant’s reporting of his injuries and his performance in the effort tests during the neuropsychological assessment. The profile of the claimant’s reported issues was not consistent with a traumatic brain injury. We set out the evidence to the claimant’s solicitor and raised causation and concerns over the claimant’s inconsistent reporting.
We made an economic offer of £40,000 which was accepted. The settlement represented a significant saving on the reserve held by Hastings Direct and was achieved shortly prior to limitation, significantly reducing legal costs incurred had the claim been litigated. The potential value of the claim was £500,000.