Young brain injury victim receives £1.2m following fatal collision

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Young brain injury victim receives £1.2m following fatal collision

25th October 2012

A young woman who sustained a serious brain injury in a fatal collision that claimed the lives of three others, has received £1.26m in an out of court settlement.

The mum-of-two, now in her 20s, was left with a catalogue of serious injuries when the car she was travelling in as a passenger crashed and ended up on its roof.

Chris Baxendale, a specialist serious injury lawyer with Fentons Solicitors LLP, said that before agreeing the settlement the defendant insurers had tried to settle his client’s claim by making an offer in the sum of £250,000 – five times less than the amount the client eventually received.

“This was a really horrific incident, one which not only claimed the lives of my client’s friend and two others, but also left her with life-changing injuries,” said Chris. “She suffered multiple trauma including severe brain damage, fractured ribs and lung contusions; fractures to her legs, arms and hands; fractures to her pelvis and internal bleeding.

“By far the most serious injury was the head injury,” he said. “However, a CT scan taken at the hospital in A & E did not show any significant abnormality’.

‘The insurer’s case was that my client had suffered a moderately severe head injury. However, this did not match up with the facts of the case’.

Chris said that as a direct result of her brain injury, his client suffers from periods of disinhibition which is a common symptom often present following so called ‘frontal lobe brain damage’.

“She is also prone to outbursts of verbal aggression, and by her own admission acts more in a self-centred and egotistical manner,” he said. “That behaviour in itself is particularly worrying since she is a single parent to her young children, and it was therefore vital that she was provided with sufficient damages to pay for support to look after them.”

It was, therefore, necessary for Chris to obtain detailed statements from family and friends of his client to help establish the effect of the brain damage on his client’s ability to lead a normal life.

The settlement figure of £1,268,000 included damages for:
Pain and suffering; Loss of earnings; Cost of care provided by the family; A support worker; Professional help with caring for the children; Larger accommodation to provide the family with more room & for a live in nanny; Increased cost of holidays

Chris instructed leading medical experts to help establish the severity of the brain injury sustained by his client. He also worked with a leading QC. The case settled without the necessity of a trial.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims of serious head and brain injuries.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.