Father and husband KV sustained a life-changing brain injury and orthopaedic injuries at the age of 41 when he was involved in a road traffic collision while crossing the road near his home.

Chris Smith, a partner in our Personal Injury department, conducted the claim and was assisted by paralegal Rosie Sarang and senior associate Nickie Maple-Pearson. Stewarts instructed Matthew Phillips KC of Outer Temple Chambers. Chris and Rosie review KV’s case.

The case

KV was crossing the road near his home when the defendant driver drove his BMW M4 across KV’s path. Authorities suspected the driver, who had two young passengers in the car, was traveling at 70mph in a 30mph zone. The driver lost control of the vehicle and collided with KV.

KV sustained life-changing injuries due to the defendant driver’s negligence. Shortly after the collision, KV instructed Chris Smith of Stewarts to bring a claim against the defendant driver. The defendant’s legal team admitted liability following issues confirming the driver’s identity and insurance position.

Injuries sustained and impact on KV’s life

At the time of the collision during the Covid-19 pandemic, KV was a physically active, social and healthy father, living with his fiancée (now wife), his 13-year-old son and 13-year-old step-daughter. As well as working as an associate director of sales, he was an avid cyclist, rower and hiker. He had competed in the Lakes Toughest and Longest Challenge, which consisted of canoeing across Lake Windermere, a 20km bike ride to the bottom of Scafell and then a hike to the top of Scafell Pike. His favourite hobby was off-road or mountain biking.

In the collision, KV sustained a scalp haematoma and a traumatic subarachnoid haemorrhage, rib fractures and serious injuries to his right arm and right leg.

KV had several health issues following the collision, including intolerable pain in his right arm, nerve damage, reduced motor coordination, fatigue and psychological after-effects.

The injuries have inevitably impacted every aspect of his life, including his ability to be a father to his children, his employment, his physical and mental health, and his financial and functional independence.

Admission to hospital

Following the collision, KV spent over two weeks in hospital, where he received intensive inpatient treatment. KV continued to have further surgeries and intensive outpatient treatment for the following 11 months.

Given his inability to navigate around the home KV had shared with his fiancée and children before the collision, the family moved into rental accommodation with ensuite facilities.

Rehabilitation

The solicitors for the defendant took a collaborative approach and agreed to fund the recommended rehabilitation through the Rehabilitation Code of Conduct.

During the claim, interim payments of nearly £500,000 were made to KV, enabling him to fund his equipment, accommodation and transport needs.

The interim payments also enabled him to appoint a case manager and support worker, as well as pay for various therapies, including physiotherapy, cognitive therapy, pain and sleep therapy and general support. This experienced and highly specialist multi-disciplinary team was vital in supporting KV’s medical recovery and rehabilitation and evaluating and establishing his new post-injury life goals and priorities.

Experts and settlement

To enable the assessment of KV’s prognosis and long-term care and needs, both parties obtained expert evidence from a range of experts.

Given his extensive injuries, Stewarts instructed 10 quantum experts in the fields of neurology, neuropsychology, neuropsychiatry, peripheral nerve injuries, orthopaedics, pain management, physiotherapy, occupational therapy and care, and accommodation.

A settlement was achieved at the joint settlement meeting for a seven-figure lump sum for the injuries KV sustained and to help meet his lifelong needs.

The order agreed by the parties on settlement was approved by the Court and funds were paid to KV shortly after.

Life beyond injury

After the settlement, KV is now looking forward to moving on with his life post-litigation.

His immediate priority was buying a house suitable for his post-collision needs. KV has successfully managed to move his family into a new property and is able to focus on his rehabilitation and returning to his pre-collision life.

As part of his rehabilitation, KV completed coaching courses on counselling and fishing, which he has continued to teach on a voluntary basis following the settlement.

KV is secure in the knowledge that he has sufficient money to meet his post-collision needs for the rest of his life, including care and support, aids and equipment, accommodation and therapy.

Testimonial

KV says: “After having my life completely changed, no financial settlement could have changed my day-to-day struggles, but it has allowed me to purchase a house in an area where I’ve always wanted to live. I have also had the best rehabilitation team I could have asked for: Stewarts made sure the right people were in my team to give me the best chance to recover well.

I can’t rate Stewarts highly enough, they’ve been amazing through every stage of the litigation and taken a real personalised approach. Chris Smith and the whole team who handled my case were fantastic. I would also like to thank my amazing rehab team including my case manager Linda Jooste, neuropsychologist Gavin Newby, occupational psychologist Gwendy Gibson, hand therapist Emma Berkin, physiotherapist Michelle Brennan, and Dr Adam Watts of The Arm Clinic in Wilmslow.”

Case manager Linda Jooste says: “Working with KV has been a professional joy. He brought an eagerness to improve his independence and all I had to do in my role as case manager was provide him with suitable therapeutic staff and opportunities.

I in turn felt that my role was very well understood and supported: it was always easy to get hold of Chris, who was prepared to consider new ideas and alternative options to meet KV’s needs. Stewarts are meticulous in their work, and they are detail orientated while keeping the big picture and general direction of travel in focus. Our relationship is always based on mutual respect and excellent teamwork.”