Police reluctance to share evidence delays vital funds for man brain injured in road accident
Mr Venkov was crossing the road when he was hit by the defendant's car, causing a very serious brain injury, as well as skull and spinal fractures. Despite the severity of his injuries, he was discharged home from hospital after only 10 days with no follow up plan or rehabilitation in place.
Dushal urgently contacted the insurers to request funds to instigate an immediate needs assessment and rehabilitation for Mr Venkov, but the defendant insurer denied liability and alleged that Mr Venkov had stepped onto the path of the defendant's vehicle. This meant that the insurer refused to release funds to support Mr Venkov with his rehabilitation. This was further complicated by Mr Venkov having no recollection at all of the accident, due to his brain injury.
Dushal and Charlotte also faced difficulties in obtaining full disclosure of the accident file from the police, something that is instrumental to liability investigations and to accessing much needed funds for the claimant. Police officers had attended the scene following the collision wearing body worn cameras, but refused to disclose this footage in full, instead providing redacted body worn camera footage, making it impossible to see who was actually at the scene and with no sound.
This meant that any discussions that took place at the scene between the police and witnesses as to what may have happened were muted, making the footage not as helpful as it could have been.
Dushal and Charlotte had to apply to the court to release the footage, but the court would only allow disclosure once court proceedings had been issued. Dushal and Charlotte therefore urgently issued court proceeding. Without the full police footage, it was difficult to advise Mr Venkov as to his position on liability and the strengths and weaknesses of his case.
Meanwhile, Mr Venkov's cognitive impairment got worse and, despite his determination to return to work and to try to move on with his life, the lack of rehabilitation and proper medical input serioiusly affected his recovery. He suffered poor mental health as a result of the accident. He returned to his home country, Bulgaria, several times to receive treatment there, as he struggled to access the treatment he needed on the NHS.
Mr Venkov was not receiving the right treatment and was prescribed various medications that could actually be making his brain injury and mental state worse. He had been forced to seek treatment elsewhere due to the inconsistent treatment he received in the UK, which was struggling with the pandemic and lockdown at the time. Since the defendant continued to refuse to release funds, Mr Venkov also had no access to the private medical treatment he desperately needed.
Despite the liability issues, Dushal and Charlotte were able to settle the case and recover a significant six-figure sum for Mr Venkov, which will finally enable him to access the appropriate private rehabilitation and medical treatment he urgently requires to aide his recovery.
Following settlement, Mr Venkov said: "I am profoundly grateful for the exceptional services and unwavering personal care provided by my lawyers throughout the entire legal process. Their dedication and expertise resulted in a settlement case that exceeded my expectations, and I could not be more thankful for their outstanding efforts. I truly appreciate it."
Contact us
For further information about road traffic accident claims, please call Dushal Mehta on 03304606751 or email dushal.mehta@fieldfisher.com or call Charlotte Thorpe on 0330 460 6744 or email charlotte.thorpe@fieldfisher.com.
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