7 figure settlement for a client who suffered a brain injury in a road traffic accident

The client, aged 15 at the time, was a front seat passenger in a car that collided with the rear of a stationary lorry. Liability remained in dispute until police evidence was obtained.

The client was airlifted to hospital and treated in intensive care following the accident. She suffered a traumatic brain injury that left her with ongoing cognitive and behavioural difficulties, headaches, fatigue and anxiety. In addition, she sustained a spinal fracture, rib and nasal fractures, and a shoulder injury.

After being instructed, Damian Horan and the team secured agreement from the defendant’s insurers to fund an assessment of the client’s immediate needs. This included appointing a case manager and providing funding for physiotherapy, neuropsychological counselling and additional tutoring to help ensure she did not fall behind with schoolwork while liability remained in dispute.

Medical evidence showed the client had made a remarkable recovery given the severity of her injuries and that she wanted to move forward with her life rather than focus on the ongoing effects of the accident. However, because the full impact of a brain injury can take time to emerge, particularly in younger people, it was important not to settle the claim without carefully considering the risk of future deterioration.

The team held several conferences with leading counsel, Stephen Killalea KC, the medical experts, the client and her mother before concluding it was appropriate to move towards settlement while taking future risks into account.

During the claim, the client completed her education with good examination results, entered a relationship, moved to Scotland to live with her partner and started work. Although it was not considered that she lacked capacity to manage her damages, the complexity of the case meant it was felt appropriate to seek court approval for any proposed settlement.

A seven-figure settlement offer was secured from the defendant. The offer exceeded the figure that counsel believed the case was likely to settle for if it proceeded further and the defendant obtained its own medical evidence, given the client’s strong recovery.

The settlement was approved by the High Court in London, which commended the decision to seek approval despite the client having reached adulthood.

As the client was living in Scotland, arrangements were made for a Scottish law firm to establish a personal injury trust under Scottish law. The client’s damages were paid into the trust and independent financial advice was also arranged to help her manage her future. The settlement provides long-term financial security and support for the future, while recognising the serious impact the accident had on the client’s life.