The Claimant then aged 6 suffered a catastrophic brain injury as a result of being hit by a vehicle while running across the road. The Claimant remained in hospital for 5 months after the accident and then had a further period of rehabilitation at the specialist Tadworth Rehabilitation Hospital in Surrey.
The Claimant had ongoing physical difficulties as well as cognitive impairment as a result of her injuries. For sometime she relied on PEG feeding but eventually was able to feed herself. She initially attended a mainstream school but would require more specialist input at secondary level. Although the injuries are life changing in nature the Claimant has made very good progress as a result of the early intensive rehabilitation.
The issue of liability was contested and the case was heading to a split trial on liability at the High Court in London.
Accident reconstruction and neurosurgical evidence was commissioned in relation to the issue of liability. In addition we obtained evidence from experts in the fields of neurorehabilitation, educational psychology, physiotherapy, care, OT and SALT. We took that step to enable us to evaluate any quantum offers should the Defendant take that step.
The matter proceeded to a mediation in advance of the liability trial. The defence made no concession on liability but eventually became prepared to negotiate a financial settlement and we achieved a figure of £11.75 million which was subsequently approved as a settlement in the claimant’s best interests at the High Court in London.
I would like to thank Damian and Rebecca and the team at Moore Barlow for securing this outcome for my daughter. I had every confidence right from the beginning that they had the necessary experience and expertise and would secure the very best result for my daughter. Although no amount of money will ever change what has happened, the settlement will provide her with a future where we will be able to get all the support, equipment and care she will need. You just can’t underestimate the peace of mind that provides.
Claimant’s father and litigation friend
This was a tragic case and I was delighted we were able to secure a very satisfactory outcome for our young client. The case was concluded in 4 years and during that period we were able to secure the necessary evidence to achieve this settlement and that included rehabilitation support for our client.
Damian Horan – Partner | Personal Injury
Rob Weir KC of Devereux Chambers was leading counsel for the Claimant
