Our client, Jo Newsham, was driving her car and had stopped at the traffic lights which were on red. Whilst stationary, waiting for the lights to change to green, her car was struck from behind by a van being driven by the Defendant.
[Photo of Jo Newsham]
The collision was reported to be relatively low velocity with minimal damage to both vehicles. Although liability was admitted, causation was fiercely contested.
Prior to the collision, Jo was unknowingly suffering with cervical stenosis, which is a narrowing of the spinal canal in the neck, putting pressure on the spinal cord. The collision caused acute neurological damage to the spinal cord in the presence of this cervical stenosis.
Functional Neurological Disorder (FND)
The collision led to Jo’s present state of a very severe and disabling neurological injury from which she will not recover. Had the collision not occurred, it is likely that Jo would have had progression of the stenosis, but this would have resulted in signs and symptoms which would have resulted in investigation and surgery well before she reached the disastrous outcome of the collision.
Therefore, had the natural history occurred as opposed to the acute change produced by the collision, Jo would not be in her present state. Jo may have had minor sensory loss in the upper limbs or some mild weakness in some muscle groups but would not be wheelchair-assisted with all the problems of mobility and dysfunction she now experiences.
As a result of the collision, Jo experienced complex psychological and emotional symptoms with PTSD of severe form such that she has been diagnosed with Non-Epileptic Attack Disorder and Functional Neurological Disorder (FND). She is no longer able to work, requires ground floor accommodation and significant care and support.
Jo said:
“The injuries I sustained in the car crash were life-changing and left me disabled. At the time, neither my family nor I truly understood the extent of what had happened to me or how drastically my life was about to change. The Jo before the accident has been left behind – the person and the mum I was then has completely changed. I was a full and complete person that was happy in every aspect – I would do anything for that now. I wish I had gone down the other street that day. I often wonder what my life would be like now if I had.”
Through close analysis of the medical records, the obtaining of extensive factual documentary and lay witness evidence and through the careful analysis and selection of appropriate qualified experts, the expert evidence confirmed that damage was sustained to the vehicles in the collision and, at the time of the collision, Jo suffered a disc protrusion imposed on her pre-existing cervical stenosis which caused injury to her spinal cord.
Personal injury claim
Jo pursued a personal injury claim but was not happy with her previous firm of solicitors as they did not appreciate or understand the complexities of her injuries and the potential value of the case. She then transferred her case to our specialist solicitors who understand complex spinal cord injury cases.
The case settled at a Joint Settlement meeting in March 2025 for a substantial amount after initially being dismissed by other solicitors.
On her diagnosis of FND, Jo said:
“When they told me it was a serious case, it was only then that I realised it was a brain injury and that scared me. It’s something that has affected me, a shock, a major change in my life that has stopped my brain doing what it should do. It doesn’t frighten me so much now but the seizures have taken over my life completely.”
Jo explained that there was very little online about FND at the beginning. When she was eventually diagnosed, she called her solicitor from the hospital car park and said ‘You were right’ – he knew two years earlier, before anyone else had diagnosed her.
Mark Robinson, Partner in our Serious Injury team, acted for Jo and said:
”Jo’s case is a powerful reminder that serious, life-changing injuries do not always come from high-speed or dramatic accidents. When injuries are complex, misunderstood or linked to pre-existing conditions, it is easy for claims to be dismissed or undervalued if the right expertise is not involved. Jo came to us after feeling that her injuries were not being properly understood, and her experience shows how important it is to have a solicitor who will take the time to listen, investigate thoroughly and challenge assumptions. By focusing on the medical reality of what happened to Jo – not the appearance of vehicle damage – we were able to secure a settlement that reflects the true impact the injury has had on her life.”
