We are proud to share details of a recent settlement in a case where our client, a young man, received £325,000 compensation following a serious road traffic accident.

The case was led by Sam McFadyen , Senior Associate Solicitor and Brain Injury Team Leader at Switalskis, assisted by Maria Dallas , Associate Chartered Legal Executive.

The client, who we will refer to as L, was 15 at the time of their accident, when they were walking to a friend’s house on Halloween. He was attempting to cross the road when he was hit by a Motocross bike that was being driven on the wrong side of the road.

The rider of the bike fled the scene quickly after the collision. It was immediately obvious that L had suffered a serious injury and he experienced seizures at the scene of the accident. He was transferred to hospital in Sheffield where he was diagnosed with a significant bleed and swelling on his brain. He was required to undergo a craniotomy.

Despite the severity of his injuries, L made an amazing post-surgery recovery and was allowed to be discharged home after 4 days on bed rest. Once at home, L slept for most of the weeks following the accident, with his mum being required to undertake intensive and regular observations on him to ensure he did not suffer any further seizures and was not showing any signs of concern.

Unfortunately, L suffered some post-surgery complications relating to his surgical wound, which resulted in him requiring a further procedure and antibiotic treatment.

Despite the set back in his recovery, L continued to make great progress and was able to make a fairly quick return to his education.

The rider of the Motocross bike was later convicted of four offences relating to the accident and served a custodial sentence.

Pursuing a claim through the Motor Insurers' Bureau

Investigations established that the Motocross bike had been stolen and was uninsured. This meant a claim could not be made against an insurer in the usual way.

Instead, Sam and Maria pursued the claim through the Motor Insurers' Bureau (MIB), the organisation that compensates people injured by uninsured or untraced drivers.

The MIB recognised the seriousness of L's injuries and instructed solicitors early in the claim. They worked collaboratively throughout the process, agreeing an interim payment and funding an Immediate Needs Assessment (INA) to explore whether rehabilitation could support L's recovery.

Initially, L and his family were unsure whether rehabilitation would benefit him, as he felt he had recovered well. After meeting with Sam and Maria to discuss the support available, they agreed to proceed with the assessment.

The assessment identified several areas where specialist rehabilitation could help, particularly through case management and occupational therapy to support L with organisation, planning and day-to-day independence.

As L continued to recover, he reached a point where he felt he no longer needed ongoing rehabilitation. By then, he had left education, started work and was adapting well to the next stage of his life. Following discussions with his rehabilitation team, it was agreed that formal support could come to an end.

Understanding the long-term impact of a brain injury

To ensure L's future needs were properly understood, both parties instructed independent medical experts specialising in neuropsychology, neuropsychiatry and neurorehabilitation.

Although L had made an encouraging recovery, the experts agreed it was too early to provide a definitive long-term prognosis. Because he had sustained his injury at such a young age, his brain was still developing, meaning some cognitive or behavioural difficulties might not become apparent until later in adulthood.

This uncertainty made it particularly important to carefully consider L's future before any decisions were made about settling his claim.

Reaching an informed decision

Settlement offers were made earlier than expected, before all of the expert evidence had been finalised.

For Sam and Maria, this presented a difficult balance. While L had recovered well and was keen to move forward with his life, it was impossible to know with certainty how his brain injury might affect him in the future.

L was keen to consider settlement of his claim. He was at a time in his life where settlement would be very beneficial to him and in his eyes and those of his family, he had made a good recovery, was holding down a job, had a girlfriend and was getting on with his life.

From our point of view, it was difficult to be sure that the early offers would be sufficient. Prior to the accident, as a schoolboy L had aspirations of joining the Royal Navy. Following his injuries, this was no longer an option for him and his career had taken a dramatic change. L had been inspired to start working in a job as a support worker for people with additional needs – some of which had suffered injuries similar to L. Despite this not being what L had planned, he really enjoyed the job and took to it well, achieving employee of the month awards early on.

Future care and support needs also needed to be considered, as whilst L was satisfied he was doing well and had no needs, the expert evidence obtained so far suggested this might not be straight forward and his needs may be difficult to identify while he was living at home and in a sheltered environment, without too much in the way of life admin and household chores. It was also considered that he may possibly be able to do well at his job by giving all his energy to work and having nothing left for anything else.

Sam and Maria met with L and his family on several occasions to explain the expert evidence, discuss the settlement offers and ensure he fully understood the potential implications of accepting an early settlement.

By this stage, L had turned 18 and was able to make his own decisions about the claim. After receiving detailed advice, he instructed the team to make a counteroffer to the MIB. An improved offer was secured, and after careful consideration, L chose to accept it, fully understanding that this would bring his claim to a conclusion.

L with input from his family was keen to accept this offer and understood that this would bring an end to his claim, regardless of what happened in the future. Sam and Maria accepted his instructions to accept following a detailed and frank discussion with L, ensuring that he understood the implication of accepting the offer and concluding his claim.

Life after a brain injury

Today, L continues to build a positive future for himself.

Despite having suffered a serious brain injury, he is making his best efforts to move forward and make his life the best it can be. L has always been polite, confident and happy to have his say throughout the claim. He has taken onboard advice that has been given and with the assistance of his parents weighed up his options carefully. He has moved on with his life and was enjoying his new career as a support worker.

Reflecting on his experience, L said:

"I feel very grateful that Switalskis were my solicitors for my case. They worked so hard and I couldn't be happier with the outcome of their hard work."

Sam McFadyen commented:

“L has been great to work with and is an inspiration to people who have suffered injuries. It has been a pleasure to achieve a good settlement for him”.

Maria Dallas added:

“Having worked with L from day one, it is great to see how he has grown up and is making the best of the life he has. He’s been lovely to work with and I wish him the best for the future”.

Find out how Switalskis can help you

A traumatic brain injury can have life-changing consequences, not only immediately after an accident but for many years to come.

If you or someone close to you has suffered a brain injury because of someone else's negligence, our specialist brain injury solicitors are here to help. We understand that every recovery is different and will take the time to understand your circumstances, explain your options and help you access the rehabilitation and financial support you may need.

Call the serious injury team at Switalskis today on 0800 1380 458  or get in touch via the form on our website.