Representing a Client with a Traumatic Brain Injury Caused by a Distracted and Impaired Driver

Lawyer: Hannah Clarke & Sophie Cross
Case Type: Serious RTA
Settlement: 6 figures

How Hannah Clarke fought for justice and a life-focused rehabilitation plan for her client.
Hannah Clarke secured a six-figure settlement for our client after a catastrophic road traffic collision left her with a life-changing brain injury and the tragic loss of her partner. She coordinated a settlement that ensured a comprehensive rehabilitation programme, providing the long-term care and support our client urgently needed. This outcome has allowed her to rebuild independence, manage ongoing health challenges, and regain confidence in planning for the future.

In this case study, you’ll read about:

• How we supported our client after a life-changing accident involving multiple severe injuries.

• The legal steps taken to secure liability admission and interim payments of £99,500.

• How we helped coordinate a long-term rehabilitation plan, including physiotherapy, occupational therapy, and psychological care.

• The adaptations, care packages, and vocational support put in place to help her regain independence.

• The wider lessons this case raises about road safety, driver responsibility, and the impact of dangerous driving

The day of the accident

Our client, was travelling as a front seat passenger when she was involved in a serious road traffic collision, resulting in devastating loss, life-threatening injuries, and major changes to her life.

Whilst out on what should have been a routine journey with her partner their car was struck head-on by another driver who was attempting to overtake a tractor. The impact was catastrophic, and tragically, our client’s partner died at the scene. It was later established that the other driver had been under the influence of drink and drugs and was also using a mobile phone at the time of the collision.

Life before the accident:

Before the crash, our client and her partner were both working full-time in social care. They worked hard to develop their roles and were studying for further qualifications. Both led very active lifestyles and enjoyed walking their dogs together.

Life After the Accident: Coping with Physical and Emotional Impact

The accident brought sudden and devastating loss for our client. While navigating the grief of losing her partner, she sustained multiple serious injuries, including a traumatic brain injury that has caused lasting difficulties with memory, concentration, and cognitive processing.

The trauma of the accident also led to significant psychological stress, including post-traumatic stress disorder (PTSD), acute grief, and ongoing emotional distress. On top of this, the collision triggered a recurrence of her previously well-controlled epilepsy, further complicating her recovery.

Our clients injuries further included:

• Traumatic brain injury (TBI) with ongoing cognitive difficulties.
• Multiple fractures to her right tibia and fibula, and a fracture in her left forearm. As well as facial fractures and lacerations, including damage to her right eye socket, leaving permanent scarring.
• Nerve damage injuries, causing weakness and loss of function in her shoulder and arm.
• Serious internal abdominal injuries, including a torn artery and bowel perforation, which required major surgery and left her with incontinence and a hernia.
• Pulmonary emboli (blood clot in the lungs) and severe bruising across her body.
• The recurrence of her epilepsy led to repeated shoulder dislocations requiring reconstructive surgery and an increased risk of arthritis in the future.

Our client remained in hospital for over four weeks, undergoing emergency and reconstructive surgeries. She received intensive care support and extensive physiotherapy, occupational therapy, dietetics, and speech and language therapy before being discharged home, where she was cared for by her sister.

Legal support, advocacy and settlement:

After being discharged from hospital, our client contacted us to begin her claim. We pursued the case against the at-fault driver and his insurer.

During the claims process, we arranged for interim payments totalling £99,500, which provided essential financial support and enabled her to access private rehabilitation and care.

Liability was admitted, and we secured a substantial final settlement of 6-figures, reflecting not only the immediate physical injuries but also the long-term consequences, including cognitive impairment, ongoing need for care, future surgeries, and continued therapies.

Beyond the immediate circumstances of the crash, there are the long-term impact of serious injuries. A traumatic brain injury (TBI), major physical trauma, and psychological harm do not end when a patient leaves hospital. Survivors face lasting cognitive difficulties, significant rehabilitation efforts and often ongoing care needs.

Rehabilitation and Case Management

To support our client’s recovery, we have a team who helped build a comprehensive rehabilitation programme tailored to her needs which is now ongoing.

With our legal representation is receiving:

• A specialist case manager to coordinate her care and assess ongoing requirements.
• Physiotherapy, occupational therapy, neuropsychology, and psychological support to assist with mobility, function, cognition, and mental health.
• Private re-assessments beyond NHS care, ensuring continued progress.
• Housing adaptations to allow her to live more independently in a property suited to her physical limitations.
• Vocational support, helping her explore suitable work given her physical, cognitive, and seizure-related restrictions.
• Practical support, including transport, cleaning, gardening, and day-to-day care.

This combination of legal, case management and long-term rehabilitation support has been invaluable in enabling our client to regain as much independence and quality of life as possible.

Helping Our Client to Move Forward

With an accident like this, it is not about moving on, it is about being supported to move forward and rebuild their life.

The collision brought major changes to every aspect of her life, including severe personal loss, impacts at work, daily living, independence, and social life. Despite these challenges, our client has shown remarkable strength and resilience.

She has:

• Regained considerable physical strength and mobility compared to her worst days.
• Become more independent, relying less on her sister for daily care.
• Moved into an adapted home and resumed social activities and new hobbies.
• Benefited from rehabilitation and support, including psychological care, occupational adaptations, and realistic planning, helping her manage life with her injuries.

Words from our client:

“I can full heartedly say how fantastic you both are. Despite all that has happened, you made the legal side of the compensation manageable for my needs and abilities for each part of my recovery. I feel lucky to of worked with Hannah and Sophie despite the reason I was there with them in the first place. It has been a pleasure watching Sophie grow into the position she is now and she really peaked when she was working alongside Hannah”.

Why this case matters:

This case truly shows the critical importance of road safety and the devastating consequences when drivers neglect their responsibilities.

In the UK, around 1,700 people lose their lives on the roads each year, while a further 30,000 suffer serious, life-changing injuries. Cases like this remind us that behind every statistic is a real person, and a real life forever impacted. Road safety week UK takes place every year in November, the campaign aims to raise awareness of the impact of road death and injury while calling for stronger measures to make roads safer for everyone.

This case is a powerful example of why education and awareness matters. Unsafe overtaking, mobile phone use, and driving under the influence all played a role in this tragedy. These are not minor errors but dangerous choices that consequently destroyed lives in an instant leading to the defendant driver receiving a prison sentence for causing death by dangerous driving.

Ongoing risks on UK roads:

• In 2023, an estimated 260 people lost their lives in crashes involving drivers over the legal alcohol limit, a 7% increase over the past decade.
  This is 21 lives per month.
• Approximately 1,860 individuals were killed or seriously injured in drink-drive related collisions.
  This is 5 people per day.
• In government statistics from 2022, “distraction whilst driving”, such as mobile phone use was recorded as a contributory factor in 85 deaths and 4,103 injuries.
  Distraction can cost 7 lives per month.

If you or someone you care about has been injured in a serious car accident, we understand how difficult it is to see past the immediate crisis. We are here to help you rebuild, seek justice, and secure the support you need for the rest of your life. Speak to us today