Articles & Updates

As well as advising our clients on legal issues, we like to ensure clients build a better future for themselves in the long term after the case has settled. 

Catherine Leech, Partner in our Personal Injury team, looks at a case which illustrates that although legal battles may be protracted and complex, the outcome can really improve the future quality of life for our clients.

Tony Brogan was recuperating at home after suffering a stroke whilst on active service in the T.A. in Iraq.  He had been in the T.A. for several years and done previous tours in former Yugoslavia.  Six months later he was crossing the road when he was hit by a car and severely injured.

Tony sustained head injuries and a fracture to his spine and ribs.  He was initially in the Intensive Care Unit at the Walton Centre before he was transferred to Headley Court Defence Rehabilitation Centre.  Nearly a year later he was discharged to his mother, Kathleen's home.  Social Services had assessed Tony's care needs at eleven hours per week.  In practice, less than six hours care per week was being met by the approved care agency.  This care was unstructured and consisted of a support worker taking him for a cappuccino at the local supermarket for up to two hours on most occasions.  This meant that day-to-day care, prompting, household chores and supervision vested firmly with the Tony's mother and brother.  From being an independent adult living in his own home, Tony was back to being dependent on his family.

Catherine pursued a compensation claim and a split liability settlement was agreed.  There were complex evidential issues on capacity and whether Tony could manage his own financial affairs.  A Deputy was appointed to manage his financial affairs.

Catherine obtained interim payments to enable a local case manager to be instructed.  The case manager was instrumental in ensuring Tony regained self worth and structure to his life after the accident.  She recruited a support worker for 6 days a week, a male of similar age to Tony.  The support worker works with Tony organising and planning the day-to-day aspects of his life.  He also accompanies Tony on leisure activities such as going to the gym and visiting the Imperial War Museum (which Tony is very interested in due to his military background).  Tony describes his relationship with the support worker as "brilliant".  His mother also reinforced this by stating that it enabled her to have time to herself and her son has a greater quality of life and much more to talk about (anyone who knows Tony knows he loves to chat!).

The claim was settled which provided the level of compensation required to help Tony in the future.  Post settlement our Private Client team has advised Tony on the best way to invest his money and in relation to future care.

This has resulted in Tony being able to buy his own flat, close to his family and he is looking forward to this.  His team will provide intensive support to enable a successful transition to independent living.  He will have help with day-to-day aspects such as planning a healthy diet, shopping for provisions, difficult chores and domestic chores.  Tony will be back living independently as he was before the injury.  Tony's case is a great example to give encouragement to other head injured people, there may be legal battles in the case and sometimes with the statutory services about care, but you will end up with a happier future ahead of you.  If we can put some of the enjoyment or fun back in our clients' lives, there is nothing more satisfying for a lawyer.

If you would like legal advice on any issues covered in this article you can contact Catherine Leech on 0800 0384 384 or by email to catherine.leech@pannone.co.uk