• 15 Aug 2023
• •
• 2 min read

Trethowans secures significant 7-figure sum in car accident brain injury case

James Braund, specialist personal injury lawyer with Trethowans, based in Dorset at the firm’s Bournemouth and Poole offices, has recently concluded a major brain injury claim arising out of a significant road traffic accident which took place around 4 years ago. The claim resulted in a significant 7-figure sum for the client, “Miss M”.

Miss M was a front seat passenger in a car, which lost control and veered onto the wrong side of the road, colliding with another vehicle, at speed.

Miss M was airlifted to the Wessex Neuro Unit at Southampton General Hospital, where she remained in an induced coma for a few weeks. She was subsequently transferred to Poole Hospital for rehabilitation. Miss M suffered significant injuries, due to the accident, including a Traumatic Brain Injury (Diffuse Axonal Injury and Intraventricular bleed) leading to cognitive and memory issues, a spinal fracture (C1 Vertebra Anterior Arch), a liver laceration, pneumothorax and bilateral lung contusions with rib fractures, multiple facial fractures, orbital fractures and a base of skull fracture, a left lower motor neuron facial nerve palsy, corneal lacerations, a pelvis (pubic rami) fracture and lacerations to her scalp and left ear.

Miss M’s family initially instructed James, while Miss M remained in hospital and was unable to deal with matters herself as she lacked capacity. James gathered initial evidence regarding the case and established contact with the vehicle’s insurers and solicitors (who adopted a constructive approach throughout the case). An early admission of liability was secured and rehabilitation put in place, with a Case Manager appointed. James’ team worked with the NHS rehabilitation, which was provided, to supplement the same, privately, via the Rehab Code.

Ultimately, Miss M was discharged from NHS rehabilitation and treatment, but private provision continued. Steps were taken to arrange for the family property to be extended, with an annex being built for Miss M, and a Support Worker was put in place, in addition to occupational therapy, neuro psychology treatment, physiotherapy and facial therapy. Steps were also taken to support Miss M with learning to drive, with vocational rehabilitation and potential independent living trials also being considered.

At the same time, James built the legal claim. Jeremy Ford, barrister at Deka Chambers, was instructed and provided valuable input into the case, in conferences, court hearings and preparing key documents.

Miss M’s medical records were obtained and various medical experts were instructed to provide their views on Miss M’s condition and prognosis, including input from a neurologist, neuropsychologist, neuropsychiatrist, ENT surgeon, trauma surgeon, ophthalmic surgeon, maxillo-facial surgeon, plastic surgeon, hepatologist and a care expert. The Defendant also instructed their own medical experts in some disciplines.

James also gathered documentation regarding Miss M’s financial losses and took witness statements regarding her injuries generally, as well as her loss of earnings and the care she had received. This allowed the team to look to value Miss M’s case.

James commented “It has been a real pleasure to work on this case. Miss M has been through so much, but has shown real determination and resilience throughout. She has come so far from when I first met her in a hospital hear over 4 years ago and this settlement can finally allow her to move on with the rest of her life.”

Miss M stated “I would like to thank James for everything he and his team have done for us over the last 4 years. I am very happy with the outcome and I can’t thank James enough”.