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£4m compensation for brain injured man misdiagnosed after road traffic accident (3 November 2014)

Date: 03/11/2014
Duncan Lewis, Legal News Solicitors, £4m compensation for brain injured man misdiagnosed after road traffic accident

A man who was diagnosed with a mild brain injury after a car accident has been awarded £4 million in compensation after the injury left him with cognitive impairments and caused him to undergo a personality change.

The Mail on Sunday reports that Paul Vallance, 26, from Marlborough in Wiltshire was injured in a car accident at the age of 18, after another motorist lost control at the wheel and crashed into his car near his home.

Doctors diagnosed Mr Vallance with a mild brain injury, but when he returned to work, Mr Vallance found he was unable to deal with customers and regularly lost his temper. As a result, he went on to have a series of jobs before realising that because the effects of his brain injury, it was unlikely he would be able to hold down a job.

Mr Vallance had been fired from jobs for losing his temper and using inappropriate language – brain scans organised by his personal injury lawyer revealed he had suffered serious damage to the frontal lobe of his brain.

After the accident, Mr Vallance was found to be suffering from amnesia and confusion and was unable to speak, which can be symptoms of concussion. Mr Vallance also fractured his leg, shoulder and nose in the crash.

Doctors diagnosed him with a mild brain injury, not realising the extent of the damage – concussion can be mild, moderate or severe and can also leave long-term impairment.

Mr Vallance spent 19 days in hospital after the accident, but even insurers missed the telltale signs of a serious brain injury while estimating his claim.

However, when he left hospital, he appeared to be a changed person – and as he began to regain his speech, his language became more aggressive and abusive and his mood was often hostile and he was unable to control his temper.

Mr Vallance’s mother instructed lawyers to re-open a compensation claim and brain scans revealed that her son had suffered more serious brain injuries involving cerebral oedema, intracranial haematoma and subdural haemorrhage – swelling and bleeding on the brain caused by a head injury. The injury to the frontal lobe affected his ability to control his emotions and executive functioning (the ability to plan and carry out tasks, regulate emotions and control behaviour).

Mr Vallance’s mother Tina said:

“My loving son had been replaced by a much angrier, hostile young man.

“He would spend hours just staring at himself in a mirror, saying repeatedly, 'I look like Paul, but I don't feel like Paul'.

“My heart was in bits seeing him like he was back then – several retail positions followed in quick succession, but Paul just couldn't cope.”

The case was heard in the High Court and a settlement of £4m has now been agreed.

Mr Vallance is now being cared for in a specialist unit in Wigan, Lancashire.

Duncan Lewis Personal Injury Solicitors – Brain Injury Claims & Head Injury Claims

Duncan Lewis is a leading firm of personal injury solicitors and can advise on how to make no win no fee Brain Injury Claims and Head Injury Claims caused by the negligence of another party including injuries sustained in road traffic accidents, sports accidents, accidents at work, school or college, accidents in public places, holiday accidents, birth injuries and medical negligence.

Personal injury claimants have three years in which to make a claim for compensation – and children can claim for up to three years after the age of 18.

Duncan Lewis personal injury solicitors can also advise claimants on Rehabilitation after brain injury.

For expert legal advice on no win no fee Brain Injury Claims and Head Injury Claims, contact Duncan Lewis Personal Injury Solicitors on 020 7923 4020.

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