Seven figure settlement achieved for 2 catastrophically brain damaged sisters involved in the same road traffic collision

The clients were both minors at the time of the road traffic collision, and their father acted as their litigation friend. They were returning home and attempting to cross a main road. Traffic had stopped to let them cross, but the defendant drove through a gap between parked vehicles and stationary traffic, colliding with both clients.

Both clients sustained very severe traumatic brain injuries. They were hospitalised and both required intracranial pressure bolts. They remained in hospital for approximately two weeks.

Following the collision, both experienced neurocognitive and behavioural difficulties, alongside mood disturbance and anxiety. There were also issues with impulse control. Although they returned to school relatively quickly, both faced significant educational disadvantage as a result of their injuries.

Liability was denied at an early stage and the defendant’s insurers refused to assist with rehabilitation. They maintained that no liability rested with their insured and alleged that the clients were to blame for the collision.

Damian Horan and the team obtained medical evidence relating to the significant injuries sustained by both clients so that court proceedings could be issued. At the same time, police evidence was gathered and reviewed alongside an accident reconstruction expert.

This involved analysing the police report, witness statements, body-worn camera footage and the defendant driver’s interview. The accident reconstruction expert completed a detailed assessment of the collision, including the physical evidence, witness accounts, vehicle damage and injury patterns. The expert also considered visibility, how the collision occurred and whether it could have been avoided.

Proceedings were issued in the High Court in London and an application was made for liability to be determined first. During this period, the solicitors acting for the defendant requested a meeting to discuss the case.

Following this meeting, two offers totalling a seven-figure sum were made to the clients.

Court approval was required because one of the clients lacked capacity as a result of her injuries. This involved a detailed review of the evidence to ensure the settlement represented a fair and reasonable outcome. Senior counsel also prepared detailed advice for the Court’s consideration and the Court approved the settlement.

If you or a loved one has suffered a serious injury because of a road traffic accident, our specialist team can help you understand your options and access the support you may need. Contact Fletchers for a free, no-obligation conversation about your circumstances.