In recent months there have been three judgments where the Claimant has sought to prove a subtle (mild) brain injury, claiming a number of ongoing symptoms and impairments, including vestibular (balance and dizziness) injuries.
Pinkus v Direct Line
The Claimant was involved in a road traffic accident on the M4 when another vehicle moved into the fast lane and collided with the Claimant. The injuries claimed included a mild traumatic brain injury and psychological symptoms. The Claimant claimed that his injuries caused him to lose his job a few weeks after the accident and that he has not worked since apart from some unsuccessful attempts at short term contracts. His claim totalled in the region of £850,000. However, the Judge found that the Claimant had consciously exaggerated and had given inconsistent accounts of his symptoms. The Judge held that the Claimant had been fundamentally dishonest and dismissed the claim in it’s entirety.
Hibberd-Little v Carlton
This claimant was involved in a rear end collision and claimed that she suffered a mild brain injury, a diffuse axonal injury, resulting in a cluster of cognitive and physical problems, psychological issues, concussion of the auditory and vestibular symptoms resulting in vestibular migraine and hyperacusis. She also suffered a soft tissue injury to her neck and upper thoracic spine. Her claim totalled £4.4 million. However, the Judge preferred most of the Defendant’s medical expert evidence and was not satisfied that the accident had caused an organic brain injury with cognitive, behavioural and audio-vestibular symptoms. In addition the Judge did not accept much of the Claimant’s witness evidence as there were inconsistences with her medical records and an absence of a clear timeline. The Claimant was awarded just £41,250.
Joseph v The Commissioner of Police of the Metropolis
The Claimant was again involved in a rear end collision. She complained of a number of ongoing symptoms including dizziness, imbalance, headaches, difficulty thinking, poor memory and poor concentration. A key factor in the judge deciding that there was no traumatic brain injury was the preference of the defendant’s neurology expert who was of the opinion that there was no post traumatic amnesia. She was awarded £388,181 but of the future losses claimed totalling £1,183,051, she was awarded just £151,800.
We Can Help
The poor outcomes of these cases for the Claimants demonstrate that each case is individual and requires the knowledge and expertise of a specialist Personal Injury solicitor when preparing and building a brain and vestibular injury case.
At MW Solicitors we have many years of experience of undertaking brain and vestibular injury cases, achieving successful outcomes. We are experts in:
- Preparation of accurate and consistent witness statements.
- Selecting appropriate medical experts.
- The careful consideration of what each medical expert is saying.
- Claiming sums appropriate to the injuries which can be proved.
If you have suffered a brain or vestibular injury and have not yet instructed a solicitor, or if you have an ongoing claim and are unhappy with the way the case is progressing, our expert Personal Injury Solicitors are waiting to talk to you.