Brain injury case study 1

Stephen

Our client was crossing the road after he had been out with his brother and a friend. They had left a night club at about 1.00am. He was knocked down by a taxi whilst crossing the road.

The client, a previously fit and healthy 25-year old male, sustained a catastrophic brain injury. He cannot speak or swallow and is fed by means of a tube into his stomach. He is doubly incontinent and requires 24-hour care. He has developed post-traumatic epilepsy and resides at a local authority funded care home.

His family instructed a local high street firm, who were members of the Law Society Personal Injury Panel. They appear to have had very little experience of dealing with cases of this nature. They were instructed by the client’s mother within weeks of the accident. Over the course of the next 3 years, they made no constructive progress with the claim whatsoever. They were not prepared to offer a CFA. They were more concerned with attempting to obtain funding from the Legal Services Commission despite legal aid having been abolished in PI cases for some time. They were not even willing to pay for a copy of the police report, which by the time that we were instructed, had been lost or destroyed by the police. They took no steps to interview any of the dozen or more witnesses. No assessment of the client’s needs, or those of his family, was carried out. No medical records were obtained, and precise details of the injury/disability were therefore not known by the solicitors. They made no contact with the third party insurers. No consideration of Court of Protection issues was given. They concluded that they could not assist further and closed their file circa August 2003, approximately 3 years after the accident had occurred, leaving the client and his family in a seriously prejudiced position. In addition, they gave limitation advice which was inaccurate since the client was a patient under the Mental Health Act due to his injuries and the legislation they advised upon did not apply.

The client’s mother contacted us and we were able to meet her and the family immediately. We obtained full and detailed instructions which indicated the serious difficulties involved due to the passage of time and lack of expertise of the previous solicitors. We then commenced enquiries in order to establish whether there was any prospect of pursuing a case, visiting the accident location ourselves. Within a few weeks we obtained 12 supporting witness statements from witnesses as far afield as Australia and will be in a position to establish liability. We have commissioned medical evidence to support the severe injuries involved and have liaised with all parties involved in the case, including the client’s care home regarding his long-term care. Court proceedings are to be issued. The client’s family have been traumatised by their previous experiences, but are now grateful to be receiving the level and quality of support and professionalism that should have been in place from the outset. They are satisfied that their son’s needs have been secured in relation to his care, accommodation, and finances.

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