The accident and client background
Damian Horan and his personal injury team (lead by Rebecca Waller, Juliette Moule) secure a significant 7 figure settlement for a brain injury sustained by a young man who suffered serious injuries as a child as a result of a road traffic accident.
Our client was a minor at the time of the accident, being just 11 years old. At the time of the accident, our client was just leaving his school for the day and went to cross the road. The road in question was subject to a 20mph speed limit.
The Defendant was driving in excess of the speed limit when the collision occurred.
Moore Barlow’s expert advice and the challenges in the case:
Liability investigations
Contributory negligence is a legal principle used in personal injury claims where the injured party (the Claimant) is found to be partially responsible for their own injuries. It acts as a partial defence, meaning the Claimant can still receive compensation, but the damages may be reduced by their share of the blame [Law Reform (Contributory Negligence) Act 1945].
Contributory negligence was an issue in the case on the basis that the client had ran into the path of the Defendant’s vehicle. However, following extensive liability investigations and negotiations between the parties, an agreement was subsequently reached to settle the issue of liability on the basis of 85% recovery for the client, with the motorist accepting a majority of the blame.
As our client was a minor (and subsequently remained a protected party), Court approval was sought to confirm the terms agreed upon as per CPR rule 21.10 (1).
A finding of contributory negligence does not therefore mean that there is no claim and in this case, we were still able to achieve a significant settlement, showing the importance of thorough liability investigations at the outset.
Establishing causation
As a result of the accident, our client sustained a severe traumatic brain injury causing him to suffer with ongoing marked difficulties in memory, fatigue, planning and higher-level language and executive functioning.
It was necessary for us to be able to demonstrate in our evidence that our client had care and therapeutic needs as a direct result of sustaining a head injury in the accident.
Throughout adolescence, the Claimant’s behaviour became challenging and he required extensive support from his rehabilitation team. He displayed a complex presentation which required careful management and risk assessment by everyone involved. The parties were able to work collaboratively under the Rehabilitation Code [2015] for many years, ensuring ongoing access to case management and therapeutic interventions.
With subsequent interim funding, we were able to set up an independent living trial (ILT) as part of his claim with highly experienced 24/7 support workers in place in order to offer him structure and supervision, due to his ongoing vulnerability.
Assessing the full extent of our client’s needs and therefore his damages required careful analysis of various documentation, extensive comprehensive evidence, medical records and witness statements to build a compelling case.
The outcome of the case
To value the claim, expert evidence was obtained from various fields which included Neurorehabilitation, Neuropsychology, Neuropsychiatry, and a Care expert. This evidence was essential in providing authoritative opinions on the nature of our client’s injuries, prognosis, and future care requirements.
Following negotiations between the parties, and advice from Leading Counsel, Robert Weir KC of Devereux Chambers, we concluded the claim, achieving a seven-figure settlement for our client. The settlement was subsequently approved in the High Court.
The settlement achieved for our client aims to ensure that he will now have the necessary foundations for support in place and we hope that the settlement achieved allows our client to continue progressing and rebuilding his life.
I cannot recommend Moore Barlow and the personal injury team highly enough (both the London and Southampton offices). From the very first consultation through to the successful resolution of a complex accident/injury claim which lasted many years, the whole team provided an exceptional level of professionalism, expertise, and support. I would like to take this opportunity to therefore thank every member of the team involved (Rebecca, Juliette, Carol, Damian, Fadwa, Siobhan…) Additionally, I would like to specifically express my sincere gratitude and thank from the bottom of my heart to Rebecca Waller and Juliette Moule for their professionalism, compassion and dedication. They are truly amazing professionals. The entire process was handled efficiently with genuine care, confidence and with great attention to detail. Rebecca and Juliette were always so approachable and prompt, always willing to answer my questions and keeping me fully informed at every stage. Their knowledge and experience gave me complete confidence that the case was in the best possible hands. What stood out most was their ongoing prompt communication and the genuine care and dedication they showed throughout what was a very stressful and difficult time. They worked tirelessly to secure the best possible outcome and achieved a result that exceeded my expectations. If you are looking for solicitors who are knowledgeable, compassionate, and truly committed to their clients, I would not hesitate to recommend Moore Barlow. Their outstanding service, excellent communication, and exceptional results make them a first-class legal practice. Thank you again for everything you have done.
Client’s Litigation Friend
It is always a great privilege to act in these cases. I was delighted we were able to settle this case out of court. The settlement will provide our client with the support he needs over the rest of his life.
Damian Horan – Partner | Personal Injury
The Moore Barlow team
Damian Horan is widely regarded as one of the most experienced catastrophic injury solicitors in the UK, with an incredibly successful 30-year track record in achieving fantastic outcomes for clients. All of Damian’s cases are brought in the High Court in London and almost all the settlements achieved result in seven and eight figure compensation payments for the clients. Damian has a dedicated team of lawyers who work alongside him, all of whom have vast experience of succeeding in complex and high-value brain injury and spinal cord injury claims.
How Moore Barlow can help
Starting your personal injury claim with Moore Barlow is straightforward. Reach out to our personal injury lawyers for a no-obligation discussion about your situation. We’re ready to listen, guide you through your options, and when you’re ready, we’ll commence the journey towards securing your deserved compensation and supporting your recovery.
