We helped Thomas* and his family after he sustained a traumatic brain injury and multiple broken bones in a motorbike crash. Thomas was 70-years-old when he sustained his injuries. It was Christmas time, and Thomas had popped out to get some lights for the Christmas tree when the crash happened. His injuries dramatically changed his life and the lives of those around him.
Challenges
The immediate aftermath of the collision saw Thomas spending several months in the hospital, before being discharged to a specialist brain injury rehabilitation centre. Once discharged from the centre, Thomas went back home with his wife, who suddenly found herself in the role of his carer.
- Before his injuries, Thomas was active and independent 70-year-old, but became withdrawn and difficult to manage, so the dynamic of their relationship changed dramatically. His personality changes made Thomas more abrupt and argumentative, which strained his relationship with his wife.
- Thomas would spend his days in front of the television, not showing a desire to leave the house. This put a strain on his wife, who was sociable and outgoing, and she struggled to balance her new care giving responsibility with maintaining her own wellbeing.
How we helped
Understanding the complexity of Thomas’ needs post injury and the impact it was having on his family, we worked collaboratively with the defendant insurers under the rehabilitation code. This cooperation was pivotal in putting in place a full care package for Thomas.
- The insurers agreed to fund a full range of services through interim payments (money someone receives while their case is ongoing to pay for the immediate care and support they need), including a case manager, support workers and therapists.
- Thomas’s support workers helped him on a daily basis to get up and out and about, gradually encouraging him to regain some of his former activities.
- We also arranged for occupational therapy and physiotherapy to continue as soon as Thomas left the rehabilitation centre.
- Respite care was also key to maintaining Thomas and his wife’s relationship, so we arranged for Thomas to attend a care home every so often for a few days, allowing his wife to visit friends and family.
Outcomes
The case settled for £2 million, ensuring that Thomas’ care needs will be met for the rest of his life. It will allow for his full care package to continue, including daily support, as well as respite for his wife and necessary home adaptations. This sum accounted for Thomas’ age and what care he needs both now and in the future.
- To support Thomas’ mobility issues and to ensure a harmonious living arrangement, we included the costs of extending their home in the claim. This extension will provide separate living spaces for Thomas and his wife when needed and allow for carers and therapists to support Thomas without disrupting the household’s feeling of normalcy.
- Our private client department are continuing to support the family, putting in place a professional deputy under the Court of Protection to manage Thomas’s financial affairs, providing ongoing, lifelong support. This arrangement will alleviate the burden on his wife, ensuring Thomas’s financial matters are handled with expertise and care.
Being open and honest with the defendant insurers throughout the case allowed them to get to know the issues the family were facing and help them to understand the situation. The advantage of working so closely with them meant they could understand what Thomas’ family were going through. This cooperation was key to the success of the case and removed a lot of stress for the family having the funding and care in place throughout.
*not his real name
