The Serious Injury Team at Moore Barlow recently acted on behalf of two siblings who sustained serious injuries whilst crossing a road together.
Our clients were both minors at the time this road traffic collision occurred, and their father acted as their litigation friend. They were returning home and were attempting to cross a main road. Traffic had stopped to let them cross, but the Defendant drove through a gap between parked vehicles and the stationary vehicles, colliding with both of our clients.
Both clients sustained a very severe traumatic brain injury. They were hospitalised and both had intracranial pressure bolts inserted. They were in hospital for approximately two weeks.
Following the collision, they both experienced neuro cognitive and behavioural issues as well as mood disturbance and anxiety. There were also issues with impulse control.
Whilst they returned to school fairly quickly, they both experienced significant educational disadvantage as a result.
Liability
Liability was denied at a very early stage and the Insurers for the Defendant refused to help with rehabilitation, They were adamant that no liability should be attached to their Insured, placing blame on both of our clients.
We proceeded with obtaining medical evidence on the significant injuries they both sustained in order to issue proceedings.
At the same time, we gathered all of the police evidence and reviewed this with an accident reconstruction expert. This involved dissecting the police report, the police statements, the bodycam footage from the police and the interview of the Defendant driver, as well as the independent witnesses. Our accident reconstruction expert was able to break the collision down, step by step, with a full analysis of the evidence surrounding the collision. He was able to provide a detailed study of all of the elements surrounding this collision, from the physical scene evidence to the accounts of the witnesses, including vehicle damage and injury patterns to both clients. He was able to provide a scientific approach to solving the questions of how the collision occurred, with visibility patterns of the parties involved and the potential avoidability of the consequences.
Proceedings were subsequently issued in the High Court in London and we requested the Court to proceed to a trial to determine liability first. During this time the Solicitors now acting for the Defendant requested a meeting to discuss the issues at hand.
Settlement
Following this meeting two offers totalling a seven figure sum were made to our clients. Court approval was needed due to one of our client’s lacking capacity as a result of her injuries. This involved the Court undertaking a detailed review of the information available to ensure that the settlement represented a fair and reasonable outcome for our clients. A detailed Advice from a senior Barrister was also prepared in support for the Court to review. The Master had no hesitation in endorsing the settlement at the subsequent Approval Hearing.
The Court approved the settlement.
Had an amazing experience with Moore Barlow. In particular with Siobhan and Damian who were so professional throughout the whole process and very supportive of our situation. They work with such honesty and my family and I are always grateful that we were able to find them during difficult times.
Would highly recommend them as they are really the best!
Moore Barlow client
Our clients claim was conducted by Damian Horan as lead partner, Senior Associate; Siobhan Thomas and Associate; Emma Dryden. With thanks to Stephen Killalea QC and Stephen Cottrell from Devereux Chambers.
How Moore Barlow can help
If you’ve suffered a serious injury which wasn’t your fault, please contact our expert team of personal injury lawyers on our freephone helpline number 0800 157 7611 or contact us online.
