£10.5 million compensation for boy left brain injured by lorry crash
Jennifer Buchanan and Francesca Krauze achieved a £10.5million negligence settlement for a young boy who suffered life changing injuries in a dramatic road traffic accident caused by an intoxicated lorry driver. Benji* was just 11 years old at the time.
He sustained serious injuries to his head, face and chest and was airlifted to the Royal London Hospital in a coma where he received lifesaving surgery for a traumatic brain injury.
It was established the driver was driving at 50mph in a 30mph zone and died in the collision. A post-mortem found that the driver had levels of THC, the psychoactive constituent of cannabis, in his blood that would be enough to impair his concentration and traces of cocaine in his urine.
The accident caused Benji lasting brain damage which will impact on his academic and career opportunities, executive function skills resulting in ongoing care and support for the rest of his life. He is at risk of developing epilepsy and has problems with his vision and fine motor skills. Since the collision Benji has developed behavioural and emotional difficulties, finds social interaction challenging and gets easily fatigued. The balance between mental and physical stimulus is an ongoing challenge.
Although he is unable to play some of his favourite sports e.g. football like he used to, these are very restricted due to the need to protect his head. Despite this, Benji’s love of Lego remains unchanged.
The settlement secured will be used to fund vital care to support Benji to live the best life possible. He requires ongoing treatment for his complex psychological and physical needs and therapy to help with his speech, language and vision problems. He may also need further surgery in the future.
Benji's father fractured his spine, ribs and hands in the collision and also required a period of rehabilitation.
Benji spent more than three months in the hospital undergoing medical intervention and recovery followed by rehabilitation for another three months. As a direct result of the accident, he missed his 11+ exams and when he finally started in Year 7 it took time to adjust and make sense of the new and very different environment and sense of self.
Previously a high achiever who enjoyed school, a secondary school was carefully selected for him with a full support package in place. This is to ensure he has the best possible chance at life. Benji’s parents are divorced and as such he is set up and supported at both his homes.
His mother has been remarkable, from the support she has given him on the ground in term of his rehabilitation and recovery but also her involvement in the litigation. She said:
My world changed when I heard of Benji’s accident, and I didn’t know what to expect or indeed what to do. Upon guidance from the hospital, I spoke to a hand full of law firms whilst my child was in ICU, before selecting Fieldfisher. Jennifer put me at ease immediately. I needed someone by my side to guide me and give me the courage to do the right thing and represent my son equitably. Jennifer and Francesca did that. Without their experience, kindness and guidance, I would not have known what was even possible to ensure my son is geared up for the best future possible – whilst navigating his Traumatic Brain Injury. I am forever grateful to them.
*name changed
Contact us
For further information about road traffic accident claims and child brain injury claims please call Jennifer Buchanan on 03304606774 or email jennifer.buchanan@fieldfisher.com or call Francesca Krauze on 03304606512 or email francesca.krauze@fieldfisher.com.
Alternatively
- You can speak to our personal injury solicitors on freephone 0800 358 3848
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