On 9th December 2010, a Claimant represented by Clare Stevens of Hilary Meredith Solicitors, won his 4 ½ year personal injury legal battle for compensation against the Ministry of Defence.
On 29th October 2005, the Claimant was a passenger in a military Land Rover when the driver lost control of the vehicle, causing it to overturn. As a result, the Claimant was thrown from the vehicle, sustaining serious and life threatening injuries. The Claimant was aged 25 at the time and had been serving in the Royal Navy for 8 years.
Liability for the accident was admitted in full by the Ministry of Defence for the military accident.
As a result of the personal injury accident, the Claimant sustained multiple life threatening injuries including very severe close head injury with prolonged post-traumatic and pre-traumatic amnesia with an increased risk of epilepsy of around 2-3%. As a result of the Claimant's brain injury he suffered significant cognitive impairment in terms of his memory, concentration, attention and language skills, the effects of which will be permanent. The Claimant suffers from fatigue, left-sided weakness, impaired balance and dexterity, slurring of speech, impaired confidence, and lowered frustration tolerance, leading to problems with his temper.
The Claimant sustained abdominal trauma, perforation of the colon and rupturing of the spleen causing extensive bleeding and hypovolaemic shock, and requiring an emergency laparotomy, splenectomy and hemicolectomy, together with blood transfusion. He remains susceptible to infection, including overwhelming post-splenectomy infection, meaning he requires lifelong immunisation against infection and antibiotics.
The Claimant also sustained post-traumatic pulmonary embolism, requiring the insertion of a vena cava filter, followed by a right popliteal artery thrombosis and consequent impairment of the arterial blood supply to the right lower leg and foot. As a consequence, he will need anticoagulants and monitoring of his blood for the rest of his life, and is at risk of further thrombotic episodes (particularly following a long aircraft flight or a surgical operation) or major haemorrhage.
The Claimant was also left extensive scarring to the head (reduced to some extent following plastic surgery), lower lip, left shoulder, left arm, abdomen, left hip, buttocks and back.
The Claimant spent a total of 10 months in hospitals in the Falkland Islands, Chile and the United Kingdom, during which he underwent extensive treatment for his serious injuries. He has since required further hospital admissions and brain injury rehabilitation, together with substantial outpatient care. He has suffered an enormous amount of pain, misery and frustration as a result of his serious injuries.
Nevertheless, the Claimant worked extremely hard with his rehabilitation making outstanding progress. This is a testament to his determination and optimistic outlook.
The Claimant returned to work on a part time basis in February 2007. However, as a result of his injuries the Claimant was medically discharged from the Royal Navy in September 2009. He came from a military background and greatly enjoyed his career having served on operations and various ships.
Prior to the accident, the Claimant was a keen sports man, swam at country level, and also enjoyed cycling, running, participating in triathlons, squash, hockey and fishing.
As a result of the accident, the Claimant was unable to pursue his naval career as he had intended. It was the Claimant's case that but for the military accident, he would have gone on to complete a Qualified Plaster Technician (QPT) course and re-sat his mathematics GCSE. He would then have applied for a commission and would have been promoted to Lieutenant.
Alternatively, had the Claimant not been successful in obtaining a commission, he would have achieved promotion through the ranks to Petty Officer, Chief Petty Officer and Warrant Officer, retiring at age 52 upon completion of 32 years' extended service.
Thereafter, he would have sought employment in civilian life in a medical capacity, probably as a plaster technician or an NHS administrator. .
As a result of the serious accident, the Claimant's employment capabilities were reduced.
The Claimant's principal ongoing difficulties are fatigue and cognitive impairment resulting from the very severe brain injury. He requires prompting to remind him to undertake various tasks.
In an out of Court settlement damages were negotiated and finally agreed in excess of £900,000.
The settlement figure included an award for the Claimants past losses, including his loss of earnings and loss of career in the Royal Navy The award also included the Claimant's future losses including occupational therapy cognitive behavioural therapy, care loss of earnings and loss of pension.
If you or someone close to you has suffered severe multiple injuries, brain injury or spinal injury, please contact us immediately for our professional advice and assistance. Hilary Meredith Solicitors has over 20 years of experience in fighting serious personal injury claims.
Written by Amy Wilmott of Hilary Meredith Solicitors.
Author Resource:
Written for Hilary Meredith Solicitors by Olwyn Kinsey author of Armed Forces Compensation related articles.
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