£20 million compensation secured for brain injured passenger in a road traffic collision

The client, who was aspiring to take over the family business after completing college studies, was a front-seat passenger in a vehicle. The driver lost control, causing the vehicle to barrel roll, and the client was thrown from their seat. 

As a result of the accident, the client suffered extremely serious injuries, including a severe traumatic brain injury involving bilateral subdural haemorrhages with associated diffuse axonal injury. The client also sustained spinal fractures, ankle fractures and lung contusions. The driver, a friend of the client, sadly died from their injuries.

After initial treatment, including an induced coma, the client was transferred to a specialist neuro-rehabilitation hospital. During this period, Damian Horan and the team secured private funding to ensure appropriate facilities were in place to support a return home.

The client experienced significant neurological impairment, including problems affecting mobility, balance, facial movement, speech and swallowing. These injuries left the client with severe physical disabilities and complex ongoing care needs.

The team worked collaboratively with the defendant insurer under the Rehabilitation Code 2015 to secure substantial funding for the client’s care and rehabilitation needs. Significant interim payments were also secured to fund recommended rehabilitation programmes.

Due to the nature and severity of the injuries, the client lacked the capacity to manage their own financial affairs. Deputies were appointed to manage those affairs and continue to do so with support from a Court of Protection team.

Damian Horan and the team secured an early admission of liability. This allowed significant funding to be obtained for major temporary adaptations to the client’s home, including the construction of an extension, as well as a 24-hour care package.

Working alongside experienced case managers, the team helped establish the care and support package needed to meet the client’s requirements around the clock.

The client also required adapted transport, including a wheelchair-accessible vehicle, and extensive rehabilitation. This included physiotherapy, psychological therapy, occupational therapy, neurotherapy, speech and language therapy, gym-based programmes and specialist equipment. The focus throughout was to maximise and maintain the client’s independence wherever possible.

A significant issue in the case concerned liability. The defendant insurers alleged that the client was contributorily negligent because they were not wearing a seatbelt and were aware the driver was over the drink-drive limit.

These allegations required investigation through expert accident reconstruction evidence. Although no specific level of contributory negligence was agreed, a reduction of around 20% was reflected within the final settlement terms.

The client continued to experience significant cognitive difficulties. Problems included impaired memory, behavioural changes and reduced judgement linked to frontal lobe damage. Although language skills appeared relatively strong, the client remained profoundly affected by the brain injury and lacked capacity.

Throughout the litigation, the client lived in a remote area of northern England. This created challenges when establishing suitable rehabilitation and therapy support. Damian Horan and the team used their national network of experts and providers to ensure the right support was available.

Given the seriousness of the injuries, specialist evidence was also required regarding life expectancy, which was found to be reduced.

The client made progress with eating after initially relying on PEG feeding. However, eating remained a safety concern and this was reflected within future care recommendations and expert evidence.

Once all evidence had been gathered and exchanged, the case concluded at a joint settlement meeting between the parties. Damian Horan and the team successfully negotiated a comprehensive settlement, which was later approved by the Court.

The settlement means the client can now purchase or build suitable accommodation designed around long-term rehabilitation and mobility needs, while remaining close to family and a valuable support network.

Although family members currently provide significant support, the settlement also ensures professional care can be accessed in the future if required.

Following the conclusion of the claim, the client can move forward knowing that funding is available for future care, therapy, equipment and accommodation needs. The settlement also includes ongoing periodical payments, providing a secure source of income to support those requirements in the years ahead.

If you or a loved one has suffered a serious injury and need expert legal support, our team is here to guide you through the next steps with understanding, care and specialist expertise. Contact us today.