We were instructed to act on behalf of Mr McGowan who suffered a traumatic brain injury as a result of a road traffic incident.
Mr McGowan was riding his motorbike and entered a large roundabout, controlled by lights, which were on green in his favour. As he travelled around the roundabout, another driver entered the roundabout, having driven through a red light, and collided with Mr McGowan’s motorbike.
Mr McGowan suffered a moderate to severe traumatic brain injury with brain contusions and petechial haemorrhages, along with subarachnoid and intraventricular haemorrhages. He was taken to hospital for significant physical injuries following the accident. He suffered with a minimally displaced fracture of the lateral epicondyle and a posterior dislocation of his right elbow, which was reduced, along with multiple rib fractures.
He remained an inpatient at hospital for 6 weeks where he was reliant on support via an NG tube. He was confused and disorientated during his inpatient stay. Thereafter he was transferred to specialist rehabilitation centre where he remained for a further 7 months before returning home.
Mr McGowan suffered from short-term memory loss (retrograde and anterograde amnesia) which affected his day-to-day life. He also suffered with cognitive deficits, headaches, low mood and irritability which tended to lead to verbal aggression. He was disorientated at times, as to people and to place. He also suffered behavioural changes.
Expert evidence was obtained from a neurologist who confirmed the memory loss and cognitive deficit was permanent and he was at an increased risk of post traumatic epilepsy and at an increased risk of developing dementia.
Mr McGowan was unable to return to work following the accident and was retired on medical grounds.
The case was complicated by the fact the other drivers insurers were based abroad and had filed for bankruptcy.
Court proceedings were issued and served on the UK handling agent for the insurer and shortly following this a settlement was reached where Mr McGowan accepted a 6 figure settlement in respect of his injuries.