Damian Horan – Partner, Claire Sagala – Senior Associate and Rebecca Seymour – Solicitor secure significant 8 figure compensation package for brain injured child
Moore Barlow personal injury lawyers secured a compensation package comprising of a 7 figure lump sum together with a 6 figure annual payment for life for care and case management which has now received High Court approval.
Case background
Our client, was a young child at the time of the accident. She sustained serious life-threatening injuries when she was hit by the Defendant motorcycle when travelling at speed.
Injuries sustained
She suffered a severe traumatic brain injury, bilateral pulmonary contusions and fractures of both femurs and the right tibia. She has been left with profound cognitive, motor and sensory deficits, including spastic quadriplegia, dystonia and very poor visual function. She is doubly incontinent.
At the time of the court approval of the settlement our client remains completely dependent upon caregivers for all activities of daily living. She requires 2:1 care. At night she is looked after by a waking carer and there is also a sleeping carer. She attends a special school with a dedicated 1:1 PA. Her life expectancy is significantly impaired. She has no residual earning capacity. She requires wheelchair accessible accommodation with sufficient accommodation for her care team. As a result of her injuries, she will never gain capacity and will always require a Deputy to manage her financial affairs.
Rehabilitation
In the period following the accident until the introduction of a commercial care package, the burden of caring for our client fell almost entirely our client’s mother both day and night. Our client and her family were living in grossly unsuitable accommodation with inadequate space and no ground floor bathroom. There was no room for a care team to operate. Eventually the family moved into more suitable rental accommodation whereupon it was possible to recruit a care team and MDT support.
The case outcome
Liability was originally denied. Our client’s previous solicitors secured a favourable judgment in respect of liability which received High Court approval. Thereafter Moore Barlow took over conduct of the claim. Our focus was to prepare the quantum evidence of the claim in readiness for a Joint Settlement Meeting. Settlement terms agreed at the JSM have now received High Court approval.
At the settlement meeting, our client relied on expert evidence from 14 different disciplines namely, Neurology, Neurological Rehabilitation, Neuropsychology, Educational psychology, Spinal surgery, orthopaedic surgery, Ophthalmic surgery, care, OT, SLT, physiotherapy, accommodation, assistive technology, and deputyship costs.
I can’t recommend the team at Moore Barlow enough! They handled my daughter’s case with complete professionalism and dedication whilst fostering a warm relationship between solicitor and client,. 10/10 experience with them from start to finish.
Client’s mother and Litigation Friend
The Moore Barlow team
The team at Moore Barlow consisted of Damian Horan – Partner, Claire Sagala – Senior Associate, Rebecca Seymour – Solicitor and assisted by Caprice Kent – Solicitor, Carole Carr – Senior Paralegal and Alice Wise – Paralegal.
It has been an absolute pleasure to assist our client and her family in achieving such a positive outcome. We are really pleased to hear that we were able to support them through such a difficult time and help make the process more manageable.
Claire Sagala, Senior Associate
This case was referred to me by another firm of solicitors because of our market leading reputation in managing catastrophic brain injury claims. While no amount of compensation would be adequate the settlement obtained will provide the client and her family with a secure and certain future.
Damian Horan, Partner
