Dean Wilson settle brain injury claim and see off defence of ‘automatism’

Dean Wilson Solicitors have recently settled a substantial and complex personal injury claim. Mr A was walking along a pedestrian footpath with his wife. The footpath ran parallel to the road. As they were walking along the path a car mounted the kerb and crashed into Mr A from behind, narrowly missing his wife. Mr A was knocked unconscious, and initially, his wife feared that he was dead. He was taken to hospital where he was found to have suffered a serious traumatic brain injury, a fractured shoulder, and a fractured ankle amongst a number of other orthopaedic injuries. The driver was unable to explain how the collision had occurred.

How Dean Wilson Helped Settle the Brain Injury Claim

Ben Davey of Dean Wilson Solicitors was instructed at an early stage and was assisted by Jessica Edwards. They sent a letter of claim to the driver and her insurer, but they responded indicating that they intended to defend the claim on the grounds that the driver had suffered a medical episode. The insurer indicated that they would defend the claim on the grounds of automatism – a defence that applies when a person is not conscious of what they are doing. Defences of automatism are extremely difficult to succeed in, and Ben & Jessica were able to successfully apply pressure to the Defendant who settled the claim in full. The settlement allows Mr A to privately fund any medical treatment he needs, and provides for financial security into the long term. Dean Wilson Solicitors acted for Mr A on a no win no fee basis. The team can be contacted on 01273 249200.