Past Cases - Serious Head Injuries
Road accident causing brain injury
We are acting for a young man (now aged 17) who was involved in a road accident in Gloucester during May 2007. His parents had consulted another solicitor and were told that their son did not have a personal injury claim and they had come to our firm for a second opinion. This was a difficult case. Our client (who was then aged 13) and two of his friends were crossing a busy road. His two friends managed to cross the road on foot safely but when our client followed a short time later on his bicycle, he was struck by an oncoming car. Sadly, he suffered a severe head injury. In our view, blame attached to both the driver and our client for what had happened. The driver had been driving too fast in the circumstances given the congested area with children about but our client had emerged from between stationary traffic into the path of this driver without checking that it was safe to do so. A letter of claim was submitted to the driver’s insurers who disputed liability. Proceedings had to be issued at the Bristol District Registry. An early offer of 25% / 75% in the driver’s favour was made but was rejected. After a number of further offers and counter offers we were able to apportion liability on a 38.5% / 61.5% basis in the driver’s favour giving our client 38.5% of full liability damages. His damages will now need to be assessed.
The terms of this settlement were approved by the Judge at Bristol District Registry on the 13 April 2011.
11 year old hit by car near a pelican crossing is dependent upon his parents
Our client Is a young man (who is now aged 23) who suffered catastrophic injuries when he was hit by a car driven by the Defendant when he ran out near – but tragically not actually on – a pelican crossing close to his school in Swindon on the 31 January 1996. He was only 11 years old. Liability for his accident was initially disputed by the Defendant’s insurers but after issuing proceedings we were able to reach an agreement on the basis of 60% liability in his favour. A substantial discount against full liability was given because of the risk of him failing in the action altogether. This apportionment on liability was approved by the Court in 1998. Sadly, our client suffered a number of injuries including a very severe head injury. He is now dependent upon his parents for a number of aspects of his life and is incapable of any independent life such as work, marriage, childcare and other normal human aspirations. It was a difficult case in that it took some time in trying to achieve a reasonable solution to his very demanding requirements. Eventually during the early part of 2008, the parties agreed an overall valuation of his claim at £5m which after applying the 40% discount left our client with £3m. This sum will enable his parents to purchase a more suitable property which accommodates his disability both now and in the long term and will provide them with the support they need in order to look after their son.
SJ Edney solicitors obtained £3 million pounds for this client in 2008
10 year old hit by car suffered long term cognitive impairment
This is a case which we took over from another firm of solicitors who had advised our client and his parents that he did not have a claim against the Defendant. Briefly, our client (who is now aged 19) suffered very severe injuries in a road traffic accident on the 13 March 1999 when he was knocked over by a car. He was only 10 at the time. These injuries included a severe brain injury which has resulted in long term cognitive impairment. Liability was initially disputed by the Defendant’s insurers but after issuing proceedings they eventually agreed liability at 1/3 of his damages. This was because there was a very high risk if his case proceeded to Trial he would be unsuccessful with his claim. This apportionment on liability was approved by the Court in 2002. Fortunately, our client made a remarkable recovery from his injury surprising everyone especially his treating doctors. He will however always suffer from constellation of problems typical of a head injury particularly loss of concentration and memory and some behavioural problems. Nevertheless, he is reasonably independent and is currently working and has good employment prospects. Overall we agreed a settlement figure of £1.5m which left him with a net settlement of £.5m. This settlement was approved by the Court in Summer 2008. Our client is a delightful young man and was lucky to have the support of his devoted parents. He is a good example of how someone with an acquired brain injury can rebuilt their life and find work in a rewarding and stimulating field.
SJ Edney solicitors obtained £0.5 million pounds for this client in 2008
Delay in treating subarachnoid haemorrhage
We acted for a man (aged 37) who attended three different GPs on separate occasions complaining of a sudden and severe headache. It later transpired that he was suffering from a subarachnoid haemorrhage. Unfortunately, none of these doctors made the correct diagnosis and as a consequence, there was an avoidable delay in him being treated which left him with a more serious neurological impairment. The Medical Defence Union acting for the doctors in question disputed liability. There was also an argument on limitation. Proceedings had to be issued at Court and shortly before Trial, a settlement was achieved for our client which included a substantial sum for his future loss of earnings.
SJ Edney solicitors obtained £420,000.00 for this client in 2007
Stroke caused by Anaesthetist failing to monitor blood pressure
In this case, our client had been admitted to hospital for what should have been a routine back operation. Unfortunately, the Anaesthetist failed to keep an eye on his blood pressure during the surgical procedure and as a consequence, he suffered a stroke. This left him with neurological impairment. The MDU of the doctor in question disputed liability. Proceedings had to be issued at Court and this case eventually settled.
SJ Edney solicitors obtained £230,000.00 for this client in 2006