Compensation for man after road traffic incident

08/09/2010

Background

Life for Peter was changed dramatically when his car suddenly cut out on the M62 motorway and another vehicle collided with the rear of it. He had just finished university and had started a promising career as a computer software developer when the accident happened.

Peter aged 22 at the time of the accident, sustained devastating injuries including a brain injury. He was initially airlifted to hospital and spent almost one year in hospital undergoing intensive medical and rehabilitative treatment before being discharged home to the care of his parents.

Positive Action

Irwin Mitchell were involved with Peter’s case from the outset, and have witnessed him making remarkable progress with an intensive and bespoke programme of rehabilitation over the course of the last few years. Initially, it was not known whether Peter would survive the accident and even when he was discharged home, he was still wheelchair dependent.

Peter had to relearn to sit up, walk and talk and he is now living in his own home with appropriate support and engaging in a wide range of social and leisure activities in the community.

These tangible results have been achieved due to a multidisciplinary and specialist team of therapists with a case manager working consistently with Peter that Irwin Mitchell brought together.

Louise Jenkins, associate solicitor who headed Peter's case, commented:

"Statutory services were limited in terms of rehabilitation but early work in the case ensured that resources were available so that when these services came to an end, a private programme of therapies was in place to enable Peter to achieve the independent life that he leads today."

Rehabilitation – The Value of Early Intervention

Irwin Mitchell appointed a case manager while Peter was still on the High Dependency Unit. She was able to build a relationship with the family which was crucial in assisting them through the early and transitional phases of medical treatment and rehabilitation.

The case manager co-ordinated a multidisciplinary community based rehabilitation programme for Peter’s home environment after he was discharged including: an occupational therapist, support worker, physiotherapist and a speech and language therapist. Peter worked with this team writing his own progress reports so he felt fully involved and in control of his rehabilitation program.

Initially, the rehabilitation focused upon addressing his physical injuries. Peter received intensive neuro-physiotherapy. His gait, posture, balance and coordination all improved and in turn so did his confidence and self-esteem during his rehabilitation programme.

The same team of therapists still work with Peter today allowing him to set his own objectives for the future whereby he makes his own choices. Peter moved into his own bungalow and living independently has given him an incredible sense of achievement and a real positivity about his future. Peter continues with physiotherapy and now engages in a range of sporting activities and is involved with the local community as well as enjoying the support of his weekly sessions at Headway Salford*. Peter is currently volunteering at Age Concern where he is teaching computer skills to the elderly.

Dedicated Commitment

Irwin Mitchell were able to make contact with the Defendant driver's insurance company at the very early stages of the case and following discussions in relation to liability (although issues of contributory negligence remained live), we were able to access early interim payments to ensure funding for Peter's rehabilitation team.

The value of continuing dialogue between Irwin Mitchell and the Defendant's insurers at each stage of the case ensured they could clearly see the progress and benefit to Peter of his rehabilitation programme which ensured the continuity of funding. Rehabilitation was at the forefront of both parties' minds despite the litigation and was central to discussions between the legal teams in every communication.

The Future

Peter's compensation is managed through the Irwin Mitchell Court of Protection team ensuring that his funds are prudently invested and managed so that his financial future is fully protected. Peter is involved in the financial decision making to give him a sense of control and independence but with the safeguards that the Court of Protection offers to such vulnerable individuals.

Peter recently achieved his ultimate goal, to plan a family holiday to see The Ashes in Australia at the end of 2010. This is a really important milestone for Peter to celebrate the success of his rehabilitation and recovery, and something he set as his own personal goal at the start of his rehabilitation.

Peter's parents, Brian and Margaret Hughes, having seen their son graduate and start out on his early career, saw his whole life completely turned round and the immediate devastation that had on them as a family. They commented:

"The legal process was a long and hard road but a necessary one for it gave Peter the means to access what he needed on his discharge from hospital and for the rest of his life.

"Peter's rehab has been essential to his recovery and without the support of his legal team we wouldn't have been able to access any of the intensive, private therapy that has been so important. Our legal team have, from a very early stage, been fighting on our behalf for everything we needed to help Peter's recovery. We were traumatised and they took us by the hand and led us through this alien world we found ourselves in. Their knowledge, commitment, professional and caring manner gave us hope, peace and strength and we are deeply thankful for all they have done not only for Peter but for us too."

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