Millions obtained for client following a severe brain injury caused by uninsured driver

Our client was a passenger in an uninsured vehicle when it was involved in a serious collision. She suffered a severe closed head injury and was unconscious for 14 days.

She remained in hospital for four months. The brain injury she sustained left her with a range of permanent disabilities, including headaches, fatigue, poor short-term memory, impaired concentration and attention, dizziness, disinhibition, occasional aggression and mood swings. She also experienced severe difficulties with processing information and organising tasks.

After four months in hospital, our client returned to the care of her parents. It became clear that the mental and physical disabilities caused by her brain injury would be permanent.

The lasting effects of the injury meant that any settlement needed to consider more than her immediate circumstances. It had to reflect the support she would require over the long term.

Because the driver of the vehicle was uninsured, our specialists pursued the claim against the Motor Insurers’ Bureau (MIB).

An important issue was whether our client knew, or reasonably suspected, that the driver was uninsured. Our specialists were able to overcome this issue and continue with the claim. The driver was subsequently convicted of driving without due care and attention and various other offences.

Working alongside private client specialists, an application was made for our client to become a patient of the Court of Protection.

The Court of Protection exists to make decisions, or appoint others to make decisions, for people who lack the mental capacity to make particular decisions themselves. In this case, the application formed part of the work undertaken following our client’s severe brain injury.

Our specialists pursued proceedings in the High Court. The case eventually progressed to a round table settlement involving counsel, the solicitors and representatives of the MIB.

Alongside pursuing compensation, work was undertaken to put a formal care package in place to meet our client’s continuing needs.

Our specialists secured £4.4 million in compensation for our client. This was structured as an immediate lump sum of £600,000, with the remaining compensation paid through periodical payments over the rest of her lifetime.

The structure of the settlement was particularly important. Our client was living with permanent disabilities following a severe brain injury, so the outcome needed to reflect both her short-term requirements and, importantly, her long-term needs.

Rather than treating compensation simply as a single financial award, the settlement provided an immediate lump sum alongside continuing payments designed to provide financial support over our client’s lifetime.