£12.2m in tragic case involving brain-injured child

Sarah* was a young child when she was involved in a road traffic accident and suffered a brain injury. As she grew, some of her behaviour became extremely challenging. Sarah had difficulty communicating and dealing with her emotions leading to displays of aggression and inappropriate and challenging behaviour. 

After years of difficulty, her case was transferred to Jill Greenfield from another lawyer to continue. At this point, Sarah was 17 and had been placed in a care home. Immediately Jill could see that this was the wrong placement. Sarah was transferred to a brain injury rehabilitation unit, which proved challenging for Sarah but which enabled the treating therapists to see that even the most basic of every day self-care actions were a real challenge. As time moved on, things improved as much needed therapeutic structure was put in place, funded by the Defendant insurer.

Sarah moved to her mother's home but that proved problematic with concerns raised about safeguarding in the home and eventually Sarah moved out. Facing the world as a young adult, in a flat and with a head injury was a difficult process but with significant support from daily support workers and from therapists, the position began to improve.

It became abundantly clear that this was a complex brain injury case, with a personality disorder overlying that and which caused Sarah to want to remove all and any of those supporting her. Persistence and patience from the legal team, who worked closely with experts and rehabilitation therapists, led to a much more settled scenario albeit not without problems. 

Jill also worked closely with the Defence legal team, considering at one point the involvement of a Welfare Deputy, a potentially unusual step but one that the teams worked through together given the overarching need to support Sarah in his life going forward.

Following extensive litigation spanning many years and the heavy involvement of experts, the claim was settled for £9m at 75 per cent (£12.2m at 100 per cent). This fund will enable Sarah to have lifelong care and support. Several of the experts involved described this as the most challenging brain injury case they have ever been involved in.

* name changed

Contact us

For further information about brain injury compensation claims and road traffic accident claims, please call Jill Greenfield on 03304606778 or email jill.greenfield@fieldfisher.com.

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