Alexander Harris Solicitors
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Contents

Jack's Story

It was early evening as Jack began his car journey to pick his wife up from work. As he neared his destination, a van travelling in the opposite direction lost control and crossed the middle of the road into Jack's path. The van collided with Jack's car causing him to lose control.

Jack was taken to hospital having sustained a head injury, a broken nose, a fracture of the sternum, generalised cuts and bruising to his face and knees, a fracture of the lower end of the right tibia and injury to the lower back. One week later Jack was discharged from hospital with a below the knee cast and walking only with the assistance of crutches.

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Jack immediately contacted Alexander Harris Solicitors for advice about the accident. As specialists in personal injury they recognised that this case could have hidden medical complications and may not be as straightforward as Jack had thought.

Jack returned to his employment but it was clear that he was struggling with his duties due to the on going symptoms he was continuing to suffer. Several months after the accident Jack had to give up his employment. He began alternative, lower paid work.

Alexander Harris were concerned about Jack's head injuries, and began investigating.

The knowledge and in-depth investigations of Alexander Harris proved vital to Jack's case, as within two years of the accident he started to develop a change in his personality. Jack was a changed man, experiencing extreme mood swings, a volatile temperament and unpredictable behaviour.

Comment from Alex

Virtual Alex

It is important to ensure that all avenues are investigated fully and that cases are not settled prematurely. What may initially appear as a straightforward claim, may develop complex issues that require investigation - as in this case.

A Consultant Neuro-Psychiatrist confirmed that although the head injury had been mild, Jack had as a consequence suffered severe dysfunction. This specialist advice made the difference of many tens of thousands of pounds in compensation for Jack.

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The Claim - Medical Evidence

Alexander Harris instructed a Neuro-Psychiatrist and Neuro-Psychologist to look into Jack's post accident personality change. The Consultant Neuro-Psychiatrist confirmed that Jack had suffered a mild head injury and as a consequence had suffered severe dysfunction. He confirmed that it is well recognised that the severity of dysfunction, especially in relation to behavioural changes and neuro-psychiatric problems, does not always correlate with the severity of the injury. He considered that the most appropriate diagnostic label which could be attached to Jack's condition is of "other organic personality and behavioural disorders due to brain disease, damage and dysfunction". He recommended that Jack underwent a rehabilitation programme to include cognitive behavioural therapy and pharmacology. He was unable to give a definite prognosis pending such therapy.

The Consultant Clinical Neuro-Psychologist, confirmed that despite the mild nature of Jack's head injury, he was of the opinion that the personality changes were as a direct result of the injury to the brain resulting in an organic personality disorder. He asked Jack's family to complete questionnaires reflecting the personality change and acknowledged from the results that the personality change was severe and exceeded that expected from the traumatic injury that he had suffered. However, there are cases where victims can have persisting residual problems.

He described Jack as emotionally labile in that he can burst into tears for no apparent reason. He did not consider that Jack's current problems could be explained as a psychological reaction to the trauma.

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The Defence - Medical Evidence

The Defendants instructed a Neurologist and a Psychologist. The defence was mainly based upon the Neurologist's statement that he was unable to find evidence that Jack had suffered brain damage as a result of the accident. Although it was possible that he had sustained some frontal lobe damage, on the balance of probabilities he thought this was unlikely to be the reason for personality change. He felt it was more probable that his present symptoms were an emotional reaction to the new situation with the continuing legal process aggravating the situation.

The Psychologist instructed by the Defendants stated that it was possible there may have been some organic damage but thought that Jack's psychological difficulties were primarily psychogenic in origin.

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Settlement

Although Jack has been able to return to work, his earnings are now less than they would have been had he been able to sustain his previous job following the accident. The Consultant Neuro-Psychologist considered that Jack had done everything he could to mitigate his losses and it was to his credit that he returned to employment and is providing financially for his family. He suspected that Jack would suffer the same problems again if he attempted to return to his former employment. The medical experts considered the changes in Jack's personality to be permanent, but that it would be possible with educational and emotional management, social interaction training and a course of cognitive therapy to achieve some minor improvement. Jack's case was settled by a payment of compensation of £113,000.

Comment from Alex

Virtual Alex

Serious personal injury cases are unfortunately all too common. Often they have hidden complications where specialist expert understanding is paramount in achieving a successful result - as in this case.

Personal Injury Lawyers at Alexander Harris have developed particular expertise in complex cases especially involving the areas of catastrophic injuries as a result of head or spinal injuries.

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Glossary Terms

Dysfunction
Where the brain is functioning abnormally and in this case differently to how it was previous to the incident. This can cause a person to develop personality and other changes.
Severe dysfunction
It is well recognised that the severity of dysfunction, especially in relation to behavioural changes and neuro psychiatric problems does not always correlate with the severity of the injury.

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