Exchange Chambers barristers secure £2.25 million settlement for woman with severe cognitive and emotional challenges following RTA

March 2, 2022

Pankaj Madan, and latterly Will Waldron QC, have secured a hard-fought settlement of £2.25 million on a lump sum basis for a woman battling severe cognitive and emotional challenges following a road traffic accident.

Instructed by Andrew Sloan at Minster Law, the Exchange Chambers barristers acted for a motorcyclist who was struck from behind by a car.

As a result of the collision, the claimant was knocked unconscious and her helmet came off her head. She suffered a severe traumatic brain injury but was soon discharged from hospital without extensive treatment.

Although walking and talking, the claimant presented with severe cognitive and emotional difficulties.  Indeed, it was immediately clear to Pankaj Madan that she lacked capacity.

The defendant admitted primary liability but alleged, without foundation, contributory negligence and challenged causation.

An initial offer to settle the claim for £1.8 million at an early meeting was rejected on the advice of Pankaj and the case continued to present a series of unique challenges.

Rehabilitation was slow due to a language barrier (the claimant was Thai) plus the fact that she rejected a number of interpreters.

Furthermore, the claimant’s conduct following the accident was such that she was detained for a period under the Mental Health Act.  After careful treatment and conferences with multiple medical experts, the woman was released back into the community living at home with her husband supported by a case manager. However, she rejected a recommended care package and stated her intention to return to Thailand. This was supported by her husband.

As the case progressed, leading counsel Will Waldron QC was instructed to act alongside Pankaj Madan. Will and Pankaj have a proven track record acting together to secure high value settlements in complex, challenging cases.

Following a Joint Settlement Meeting, which took place remotely, Will and Pankaj have now settled the case for £2.25 million on a lump sum basis.

Commenting on the settlement, Pankaj Madan said:

“This has been a challenging case from the very beginning, with the defendant taking a hard line both in relation to liability and causation.

“The £2.25 million settlement, which has now been approved by the High Court in Leeds, is a considerable sum for a woman aged in her late 50’s who rejected and had never had professional care. It is the right and just result for our client.”

Said Andrew Sloan from Minster Law:

“This was a most difficult and challenging case due to a number of factors. However, working closely with Counsel, the appointed Deputy and the use of well recognised experts meant we were able to achieve an excellent outcome for the client providing her with long term support.  This was an ever-developing case which had so many factors to be considered but one which ultimately led to an excellent outcome.”