Case study: over £2 million for man with life-changing brain injury after being hit by a speeding car

Our specialist brain injury solicitors helped a man claim compensation after suffering a severe brain injury in a road traffic collision. Our client lacked mental capacity because of his brain injury and therefore required his friend to act as his ‘Litigation Friend’ to give instructions on his behalf.

What happened?

Our client, James, had been out for a meal and drinks with his wife and they were making their way home late at night. They were crossing the road at a light-controlled pedestrian crossing (but against the pedestrian lights) when James was struck by a speeding car. His wife had managed to cross the road as she was just ahead of him, had seen a car approaching at speed, so increased her pace. Unfortunately, James had not realised that the car was going so fast.

James sustained a serious brain injury and several physical injuries including multiple fractures and a collapsed lung. He was unable to resume his occupation as an electrician and was unlikely to be employed in the future due to his brain injury.

Claiming compensation for brain injury

James instructed our personal injury solicitors to help claim compensation to fund his rehabilitation and treatment, as well as to cover his loss of earnings and other losses and expenses. Because he had such a severe brain injury which affected his cognitive function, we arranged for a professional Deputy to be appointed to make any financial decisions relating to his compensation on his behalf.

Our Personal Injury team secured interim payments totalling just under £300,000 to enable rehabilitation to be put in place, which included physiotherapy, neuropsychology, occupational therapy and speech therapy. He was also assigned an assistant to help him explore personal goals, including finding new hobbies to provide him with an occupation as well as techniques for managing his cognitive difficulties.

Denial of liability by speeding driver

The Defendant driver initially disputed liability despite a criminal conviction for driving without due care. There was an issue of contributory negligence as the Defendant’s insurers argued that James was intoxicated, failed to take care when crossing the road, crossed when the pedestrian light was red, and that the collision was inevitable.

Our lawyers obtained accident reconstruction evidence and examined CCTV from the scene. They also got a report from an Emergency Medicine Consultant who concluded that, had the Defendant driven within the speed limit, the injuries sustained were likely to have been less severe and the brain injury avoided.

Financial loss

Unfortunately, James was made redundant following the accident. Our team investigated whether he would still have been a candidate for redundancy had the incident not happened; this included obtaining witness statements from his work colleagues supporting James’ argument that he would not have lost his job in the absence of his injuries. We also assessed whether, should James and his wife have children, he would need additional help with childcare.

Settlement of the claim

The Defendants failed to file their defence and Judgment in Default was therefore obtained but the issue of contributory negligence remained which was likely to reduce James’ compensation should the claim go to trial.

James’ brain injury claim was settled after several attempts following joint statements from multiple medical experts.

James’ claim was settled for just over £2.3 million. This compensation has helped our client to adjust to his new way of life and to secure a future with his wife.

Get in touch with our brain injury solicitors

If you have suffered a head or brain injury as the result of an incident that wasn’t your fault, you may be able to claim compensation. For a no-obligation chat with a member of our Personal Injury team, call 0117 325 2929 or fill out our online form and we will be in touch.