This Injury Awareness Week, we’re sharing AB’s story highlighting how early legal intervention, rehabilitation, and collaborative working can play a vital role in recovery after serious injury.

Throughout this challenging period, AB has been supported by Sam McFadyen , Senior Associate Solicitor in the Brain Injury Team at Switalskis, who has led the legal aspects of the case.

Sam and the team have taken a proactive, compassionate, and client-focused approach, ensuring AB’s needs were identified at the earliest opportunity and that appropriate rehabilitation support was implemented without delay.

From coordinating the Immediate Needs Assessment to engaging constructively with the defendant’s insurers, Sam has remained closely involved at every stage, providing clear guidance, continuity, and reassurance throughout what has been an understandably difficult time for AB and his family.

Sam’s specialist expertise has helped ensure that AB’s legal claim progresses effectively, while also supporting him in his rehabilitation and recovery.

The Incident

AB was a front-seat passenger in a vehicle driven by his partner when they were involved in a serious road traffic collision. He has no recollection of the incident, with his last memory being at home before waking in hospital the following day.

Despite wearing a seatbelt, the force of the collision caused the seatbelt to fail, and AB was ejected from the vehicle. The legal team has viewed CCTV footage of the incident and, remarkably, AB survived what could easily have been a fatal event.

AB was taken by ambulance to the Major Trauma Unit at Hospital, where he received urgent treatment for multiple serious injuries.

Medical Journey

AB sustained a traumatic brain injury, including:

• Left subarachnoid haemorrhage and trace subdural haemorrhage
• Cranial nerve palsy, resulting in ongoing visual disturbance

He also suffered significant additional injuries, including:

• Multiple spinal fractures
• Rib fracture
• Right shoulder injury
• A severe brachial plexus injury affecting his right arm
• A scalp laceration requiring surgical repair

During his hospital admission, AB experienced a deterioration in consciousness and confusion, prompting urgent repeat imaging. This identified a jugular vein thrombosis, requiring further investigation and monitoring.

He was discharged home, to the care of his family, with a programme of ongoing specialist follow-up care.

Recovery and Ongoing Challenges

Following discharge, AB required extensive outpatient treatment, including:

• Ophthalmology reviews for double vision and peripheral visual loss
• Specialist orthopaedic and neurological input
• MRI scans and nerve conduction studies

AB initially experienced memory difficulties and word-finding issues, which have improved over time. However, he continues to experience:

• Peripheral vision loss and double vision (managed with prism glasses)
• Reduced strength and function in his right arm
• Neurological sequalae including fatigue

AB has recently undergone surgical repair to his brachial plexus injury and is now making encouraging progress in his recovery.

Early Legal Support and Rehabilitation

Swift legal intervention allowed us to ensure that AB’S needs were identified and addressed at the earliest opportunity. This included agreeing funding for:

• An Immediate Needs Assessment
• Instructing a specialist serious injury rehabilitation case manager
• Facilitating access to private physiotherapy funded through a rehabilitation programme

The defendant insurers while investigating liability adopted a constructive and collaborative approach, supporting rehabilitation from an early stage and agreeing to fund recommended input and treatment.

Separately, the matter was referred to the Crown Prosecution Service following a police investigation. Charges were authorised, and the defendant subsequently pleaded guilty at Crown Court to causing serious injury by dangerous driving and obstructing or resisting a constable. The defendant was sentenced to 30 months’ imprisonment and disqualified from driving for 4 years and 3 months.

Throughout the criminal proceedings, Sam McFadyen and the Brain Injury Team provided ongoing support to AB and his family, helping them understand the process and ensuring they felt supported during a particularly difficult time.

Rebuilding Independence

AB has made a remarkable recovery overall. He has:

• Returned to work on a phased basis
• Received support with travel with funding of a taxi account while awaiting reinstatement of his driving licence
• Continued to engage with treatment to improve his function and independence

While he continues to face challenges, particularly with his fatigue, vision and arm function, his progress demonstrates the value of early, coordinated intervention.

Supporting the Legal Claim

As part of the investigation, a specialist accident reconstruction expert was instructed to consider the issue of seatbelt use. Their findings support that AB had been wearing his seatbelt at the time of the collision.

The expert concluded that the seatbelt was subjected to extreme forces during impact, becoming trapped against damaged vehicle components before ultimately failing. This, combined with significant structural damage to the vehicle, explains how AB came to be ejected.

This evidence is crucial. Under the principles established in Froom v Butcher [1976] , a failure to wear a seatbelt can lead to a reduction in compensation due to contributory negligence. The expert evidence commission on behalf of AB helpfully supports his case that despite being ejected from the vehicle following the accident he had been properly wearing his seatbelt and that contributory negligence is not applicable in this case.

In addition, a comprehensive catalogue of expert medical evidence is to be commissioned, including reports from:

• A Consultant Neurologist
• Neuropsychologist
• Neuro-ophthalmologist
• Spinal Neurosurgeon
• Peripheral Nerve Consultant

This ensures that the full extent of AB’s injuries and long-term prognosis are properly understood and accurately reflected in his claim.

Why Early Intervention Matters

Serious injuries can impact greatly on day to day living and capacity to work, but early intervention can make a significant difference.

AB commented “I’ve really appreciated how closely the team have worked with me to help me understand the whole process.  They have been freely available and supportive when I needed it most.  The Case Manager and Rehabilitation team that I was provided with has been incredible valuable for me and my wife, again providing real support that we very much needed.”

This case highlights:

• The importance of prompt specialist legal advice
• Providing support in both the civil and criminal proceedings
• The vital role of rehabilitation and case management
• The benefits of collaborative working with insurers and legal representatives
• How early access to treatment can support recovery, independence, and return to work