Helping a teenager regain confidence after a traumatic brain injury

Travelling to school is something many teenagers do every day without a second thought. For our client, that everyday journey changed on a dark, rainy winter morning, when they were involved in a road traffic collision.

The collision left them with a traumatic brain injury and a range of ongoing symptoms that affected much more than their physical health. At a stage of life when most young people are focused on school, friendships and growing independence, our client suddenly faced a very different set of challenges.

Our client suffered a traumatic brain injury, and a fractured skull, and experienced reduced consciousness at the scene of the collision.

While some injuries improved over time, others continued to affect everyday life. These included:

• Left-sided deafness
• Ongoing balance problems and dizziness
• Memory problems
• Difficulties with concentration
• Loss of confidence

The effects were particularly noticeable in their education. Symptoms such as dizziness, headaches and concentration difficulties made school life more challenging and disrupted an important period of learning. Our client also became less confident socially and spent more time at home as they adjusted to the effects of their injury.

Many of the effects of a brain injury are not immediately visible. In our guide, Brain injury struggles you can’t see, we explore some of the challenges that can continue long after the initial injury has healed.

The impact was also felt by their family. The injury affected the whole family. They were anxious about our client’s recovery and future independence.  The experience left family members understandably anxious about their wellbeing, recovery and future independence.

For our client, recovery involved much more than medical treatment alone.

One of our priorities was securing rehabilitation and practical support that could make a meaningful difference while the claim progressed.  The Rehabilitation Code is a voluntary agreement that encourages insurers to fund treatment early, before a claim settles. Funding rehabilitation this way doesn’t mean the insurer accepts responsibility for the accident. So our client could start treatment while liability was still being decided.

This support included:

• Neurophysiotherapy to improve balance and movement
• Occupational therapy
• Neuropsychological support
• Educational tutoring
• A dedicated case manager to coordinate treatment and appointments

The educational support we secured through the claim proved particularly important for our client. Following time away from school and the ongoing effects of their injury, one-to-one tutoring helped our client continue their studies in a more supported environment during a period when school life had become more challenging.

Alongside this, a dedicated case manager coordinated treatment, appointments and support services, helping the family navigate the practical challenges that often follow a serious brain injury.

As rehabilitation progressed, our client began taking important steps towards rebuilding their confidence and independence.

The tailored educational support secured through their claim helped them maintain progress during a particularly important stage of their education. Following time away from school and the ongoing effects of their brain injury, this support gave them reassurance about their future and helped them continue moving forward with their plans.

They attended a summer college programme and, rather than delaying their education plans, continued focusing on what was ahead. They later enrolled on a childcare course, taking another important step towards achieving their ambitions.

As their confidence grew, our client also became comfortable travelling independently again. While these may seem like ordinary milestones, after experiencing a traumatic brain injury they represented significant achievements and important steps towards rebuilding what they had lost.

While rehabilitation remained the priority, the legal claim itself was far from straightforward.

As investigations progressed, questions were raised about the circumstances of the accident, including the visibility conditions at the time, the timing of our client’s attempt to cross the road and whether they had contributed to what happened.

Liability was heavily disputed throughout the claim. There was a genuine risk that a court could reach different conclusions about how the collision occurred and whether our client had contributed to the circumstances of the accident.

 “Liability” means who is legally responsible for the collision. To succeed, we have to show the other party owed our client a duty of care, that they breached it and that the breach caused the injuries.

Here, questions were raised about whether our client had contributed to the collision. This is called contributory negligence. If a court agrees, it can reduce compensation, but a child can still claim, and courts take age into account.

To test the competing accounts, we obtained the police report, 999 calls, CCTV footage, bodycam footage and police interviews. However, there were no witnesses to the collision and our client did not recall the circumstances, due to the injuries sustained. We were therefore required to carry out detailed analysis of the evidence available to establish the likely cause of the accident.

Rather than allowing the legal issues to delay progress, we worked collaboratively with the defendant’s representatives to secure early rehabiliitation and practical support. This approach meant our client could begin rehabilitation, receive tailored educational support and focus on their future while the disputed aspects of the claim continued to be investigated.

Despite the challenges surrounding liability, our focus remained on securing the support our client needed while continuing to progress the claim.

Through a collaborative approach and careful negotiation, we settled the claim without a trial.

Alongside the rehabilitation, educational support and treatment already secured through the claim, the parties met at a settlement meeting recently and a six-figure settlement sum was agreed, that recognised the impact of their injuries and helped provide financial security for the future. As our client is under the age of 18, the settlement is subject to court approval.

A message from Associate Solicitor Aimee Ratcliffe

“This was a complex case with significant challenges surrounding liability. Throughout the claim, our focus was on securing the support our client needed while carefully navigating those legal complexities. I’m pleased we were able to achieve an outcome that has helped them move forward and rebuild their confidence and independence.”

A brain injury can affect much more than a person’s health. It can influence education, confidence, relationships and independence during some of the most important years of a young person’s life.

While our client continues to live with some ongoing symptoms, the support secured throughout the claim helped them regain confidence, continue their education and take important steps towards greater independence.

As supporters of the Child Brain Injury Trust campaign, we recognise the lasting impact brain injuries can have on children, teenagers and their families. This case is a reminder of how the support secured through a claim can go beyond financial compensation, helping young people get therapy, tutoring and a case manager to coordinate their care as they navigate life after an injury.

Not every claim is straightforward. Sometimes the circumstances of an accident are disputed, liability is unclear or there are concerns about whether a case can succeed.

 Every case is different, but a disputed accident doesn’t mean you can’t claim. Despite significant challenges and litigation risk, our focus remained on securing the rehabilitation, support and outcome our client needed to move forward.

If you or a loved one has suffered a serious injury in a road traffic collision, our specialist solicitors can help you understand your options, explain the support that may be available and guide you through the next steps.