Stewarts recently acted for Martin, who sustained a traumatic, life-changing brain injury following a road traffic collision. Stewarts secured a settlement of £2m for Martin shortly before a trial on quantum was due to take place.

Partner Warren Maxwell reviews the case, which was also previously outlined for Road Safety Week 2024.

Collision and injuries

In July 2019, Martin was cycling to work near Bridgwater in Somerset when he was knocked off his bike. He was taken by ambulance to the local hospital, and a CT scan revealed serious damage to his skull and brain. Martin was intubated and transferred by air ambulance to a major trauma hospital for emergency surgery. Following his discharge from hospital, Martin lived with his family for a short period before returning to his own home.

Martin sustained a traumatic brain injury, which has significantly impacted several aspects of his life. The injury left him with substantial physical and cognitive problems, including memory problems, inability to concentrate, fatigue, low mood, impaired sleep, impaired sense of smell and taste, impaired vision, tinnitus, headaches and vertigo.

Before the injury, Martin lived a full and busy life. He enjoyed his work, had an active social life and kept fit cycling and weight training. As a result of the collision, he was unable to return to work or his other activities. The ongoing physical, cognitive and emotional changes and challenges also significantly altered Martin’s self-identity.

Instruction of Stewarts

Stewarts was instructed shortly after the collision and was able to secure regular interim payments from the defendant insurers, allowing  Martin to get much-needed rehabilitation.

Rehabilitation

A multi-disciplinary team of private therapists specialising in brain injury was recruited to work with Martin towards his rehabilitation goals. The team was overseen and co-ordinated by case manager Emily Denny.

Martin’s rehabilitation journey has been highly complex due to the impact of the traumatic injury on Martin’s cognitive and physical abilities. Over the course of his rehabilitation Martin had the benefit of input from a privately funded package of care and support from a neurologist, neuro- occupational therapist, neuropsychologist, physiotherapist, neuro-physiotherapist, speech & language therapist, personal trainer and support worker.

With the input of the rehabilitation team and Martin’s perseverance, Martin has returned to some of the activities he previously enjoyed, in particular cycling.

While Martin focused on his rehabilitation, the legal team worked to build his case, mapping out the complexities of his brain injury and its impact on various aspects of Martin’s life to help secure a settlement.

Settlement

A joint settlement meeting took place in February 2024. A settlement was not reached at the meeting, but it allowed the parties to bridge the gap. The case settled for £2m on 15 March 2024, less than three months before a quantum trial was scheduled to take place. The settlement compensates Martin for his injury and will allow him to meet his future needs.

Warren Maxwell led Stewarts’ legal team, and Matthew Phillips KC of Outer Temple Chambers acted as counsel.

Martin comments:

“When I first picked up the phone to Stewarts, I had no idea what the claim would entail. From start to finish, Stewarts have been impeccable and faultless and have gone above and beyond. They work so well together and provide a client with an impeccable team. The journey with Stewarts has been long but smooth and successful. I would highly recommend Stewarts to another person who needs legal guidance in a claim for personal injury. I strongly believe that Stewarts got the best result for me, so thank you again, Warren and team.”

Case manager Emily Denny comments:

“This was a challenging case for a multitude of factors. Warren and his team were a case manager’s dream to work with, providing outstanding communication and responsiveness. They provided a calm, clear, collaborative professionalism, which reassured the client and enabled me and the therapy team to do our jobs well. I would absolutely recommend Stewarts to my family, which is always a solid measure of any service.”