Significant seven figure settlement secured for child pedestrian hit by speeding motorist

The client was 11 years old when he was involved in a road traffic collision while crossing the road after school.

The road was subject to a 20mph speed limit, but the Defendant was travelling above the speed limit when the collision occurred.

As a result of the accident, the client suffered a severe traumatic brain injury.

The effects of the injury continued long after the accident.

The client experienced ongoing difficulties with memory, fatigue, planning, higher-level language skills and executive functioning.

Throughout adolescence, his behaviour became increasingly challenging and he required extensive support from his rehabilitation team.

His needs were complex and required careful management and ongoing support from those around him.

The parties worked collaboratively under the Rehabilitation Code for many years, ensuring the client could access case management and therapeutic interventions.

Following interim funding, an Independent Living Trial was established as part of the claim. Experienced support workers provided 24-hour support, helping to give the client structure and supervision while assessing his long-term needs.

Assessing the full impact of the injury required careful analysis of medical records, witness evidence and extensive expert reports.

Liability was disputed because it was alleged that the client had run into the path of the Defendant’s vehicle.

Following extensive investigations and negotiations, an agreement was reached which allowed the client to recover 85% of his damages, with the motorist accepting the majority of responsibility for the collision.

As the client was a minor and remained a protected party, the settlement required Court approval.

To fully value the claim, expert evidence was obtained from specialists in neurorehabilitation, neuropsychology, neuropsychiatry and care.

Following negotiations between the parties, and with advice from leading counsel Robert Weir KC of Devereux Chambers, a seven-figure settlement was agreed and subsequently approved by the High Court.

The settlement aims to ensure the client has the foundations for ongoing support in place throughout his life.

It provides funding for future care and support needs while giving the client the opportunity to continue progressing and rebuilding his life following a life-changing injury.