Settlement for cyclist who suffered devastating brain injury in collision
Jennifer Buchanan's client Laura* has received substantial damages following a road traffic accident that caused a catastrophic and life-changing brain injury.
Laura, a married mother to a young son, was hit by a car and seriously injured as she cycled on familiar roads where she lived in Essex. She was intubated and ventilated at the scene of the crash and air lifted to The Royal London hospital, where she underwent several emergency procedures in intensive care, including a craniectomy.
She suffered severe injury to head and brain and multiple other injuries including fractured ribs. She now uses a wheelchair and a walking stick and has difficulty swallowing food. Due to her disabilities caused by the accident she will require lifelong care and will never recover. Her injuries have had a significant effect on her family, who describe profound changes in her character and function.
Prior to the accident Laura lived with her husband and son on a houseboat they had dreamed of owning and was thriving at work. She was active and extremely social with a wide circle of friends. Unfortunately, after the accident they had to leave their houseboat and abandon their hopes of living the "good life" onboard.
Her husband feels he has lost the wife he planned a future with and struggles psychologically with this. The couple's son has autism spectrum disorder and prior to the accident Laura was particularly attuned to his needs, but she no longer has the same connection with him and cannot be responsible for looking after him, so her husband is his primary carer.
The motorist who hit Laura pleaded guilty to driving without due and attention. Fieldfisher was instructed in a personal injury and liability was admitted. During the claim process Jennifer secured interim funds that enabled the family to move from their small, rented bungalow to a property with a garden that is more suited to Laura's needs. It is secluded and close to nature, which is what they had loved about living on a boat. She has also benefitted from a full care and rehabilitation package, arranged by her case manager, which includes occupational therapy, neuropsychology and speech and language therapy.
Medical experts who provided evidence for the claim found that Laura has a neurocognitive disorder secondary to a severe traumatic brain injury. Her injury has led to a drastic decline in function in all areas of her life, domestically, intimately, socially, and professionally, they concluded.
Since the accident, Laura has been unable to work, and the experts says she will never be capable of returning to paid employment. She gets extremely fatigued and since the accident lacks impulse control.
Laura and her husband were making plans they hoped would provide a happy and fulfilling life for their family. She was going to further her career by undertaking engineering courses and he was going to retrain in a new field to secure future employment. All these plans stopped with the accident.
After a successful mediation, the claim settled and Jennifer secured a sum on behalf of Laura, inclusive of the vital interim funding. This will provide for the complex care that Laura needs and enable the family to live as happily and comfortably as is possible.
Following settlement, Laura said:
Jennifer and Francesca were there from the start of my accident, always providing support and answers and fought for me and our family throughout. They were vital in ensuring I had the right care, support and treatment in place and everything ran smoothly. We can't thank them enough for all the hard work that they put into my case and it's given us piece of mind and we're looking forward to this next stage of life.
Contact us
For further information about cycling accident claims and road traffic accident claims, please call Jennifer Buchanan on 0330 460 6774 or email jennifer.buchanan@fieldfisher.com.
Alternatively
- You can speak to our personal injury solicitors on freephone 0800 358 3848
- e-Mail them at personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.