Rebuilding a College Student’s Life after a Brain Injury

The injuries sustained

Marcus was left with a severe traumatic brain injury, profoundly impacting his cognitive abilities. His speech, memory, sequencing and social awareness have all been affected, rendering him vulnerable to behavioural outbursts in public. Additionally, epilepsy developed as a result of his injury, now managed through medication. With limited understanding of his accident and lacking capacity to make decisions or manage finances, Marcus’s mother acted as his litigation friend, and a professional financial deputy was appointed.

The case

The family sought legal assistance from Nina and her team. It quickly became apparent that liability would not be disputed by the defendant. Instead, the focus shifted to determining the quantum of damages and the level of care Marcus would require in the future. Immediately, our team managed to obtain interim funds to appoint a case manager to support Marcus and his family. These payments facilitated Marcus’s accommodation in a flat near his family home, providing access to 24-hour care, physiotherapy and a neuropsychologist. This arrangement enabled his parents to regain some semblance of normality and return to work.

Nina said, “As expected, we encountered counterarguments from the defendant regarding the level of care Marcus required moving forward. Given his age and the potential costs involved, we knew this could be contentious. We were prepared to fight every step of the way for Marcus and his family.”

The team worked hard to appoint the very best medico legal experts to demonstrate the need for Marcus to receive 24-hour care. “The defendant’s solicitors were adamant that 24-hour care was not required and went to great lengths, including obtaining extensive surveillance evidence to defend the claim for care.”

We remained resolute, leaning on years of experience and continued to gather further evidence to prove the level of care required to keep Marcus safe.

Mediation

A joint settlement meeting between our team and the defendants failed mainly due to dispute over the level of care Marcus needed. Both parties then agreed to a formal mediation with the benefit of a mediator and a successful settlement was obtained.

Nina added, “We were delighted with the result. Our priority was to provide the resources for Marcus and his family to live as full a life as possible. By securing over £10 million in compensation, we were able to achieve that goal.”

Life after the accident

The settlement agreed between the parties was approved by the High Court.

Marcus and his family are doing well and are still in contact with Nina. He continues to live independently with support close to his family home.

A passionate football fan, Marcus attends matches with his family, seated away from the crowds, which he struggles to cope with due to his injuries. This small yet poignant example highlights the impact compensation has had on his ability to lead a fulfilling and independent life.

Litigation friend testimonial

Reflecting on the experience working with Nina and her team, Marcus’s litigation friend said: “You have been so amazing through all this. You always made me feel that you genuinely cared and understood what we were going through as parents rather than being just another case. There were times when I have been upset speaking to you on the phone… and you’ve told me that I am doing amazing. You’ve helped more than you realise and I will never forget.”