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22 October 2022 | Case Study | Article by Jeanne Evans

Over £9 million in compensation secured for client who sustained a brain injury in a road traffic collision

Sasha suffered a severe brain injury during a road traffic accident collision with an uninsured driver. The First Defendant, an uninsured driver, deliberately drove their vehicle into the car in which our client Sasha was a passenger – causing the latter to lose control, leave the road and collide with a brick wall. Following the incident, the First Defendant was convicted of dangerous driving and causing serous injury by dangerous driving, they were also disqualified from driving.

As a result of the brain injury she sustained, Sasha now suffers with severe fatigue; memory and concentration difficulties and has difficulty with planning and problem solving. The brain injury has also led to Sasha experiencing numerous behavioural changes, including impulsivity; disinhibition; inappropriate behaviour and depression.

Sasha had become a mother just three weeks prior to the incident and so had a pressing need for rehabilitation and support, both for herself and for her child. However, the Second Defendant – the Motor Insurance Bureau or MIB – refused any interim payments and defended the claim fully on the basis of “ex turpi causa” (a legal doctrine which states that a claim will not succeed if it arises in connection with the Claimant’s own illegal act) as there had been a minor verbal row between our client and the First Defendant on the evening of the incident.

As a result of this, Hugh James pursued the claim on the basis of assault to remove the possibility of any claims of contributory negligence. We fully defended the pleaded defence running the matter towards a liability trial.

Two days before trial was due to begin, liability was conceded on a 100% basis in Sasha’s favour. We engaged in a Joint Settlement Meeting (JSM) on what would have been the first day of the trial, achieving settlement at a grossed up value of over £9 million – comprising a £1.4 million lump sum and periodical payments for the remainder of Sasha’s life. This was achieved at an early stage by swiftly obtaining expert evidence, and by taking a robust approach to the JSM.

Jeanne Evans, Partner within our Serious Injury team, acted on Sasha’s behalf and commented:

“Achieving an early settlement at the right level meant we are able to conclude the litigation and allow our client to move forward with her recovery and rebuilding her life, with the financial security she deserves and with a skilled team in place to support her in doing that.”

The names and identifying details of the client have been changed to protect the privacy of the individuals involved. 

Author bio

Jeanne Evans is a partner in the personal injury department, Manchester office acting for claimants and almost exclusively those who have suffered a traumatic brain injury arising from Road Traffic Accidents, Employer’s Liability Claims and Public Liability Claims.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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