Case Handler:

Gillian Lakes (Senior Solicitor)

Overview

This case involves L (a child who is aged 7) and is bringing a personal injury claim through her Litigation Friend and Mother, following a road traffic collision in Summer 2022.

While crossing the road L was struck by a car which was travelling at speed.  The defendant driver then fled the scene.

As a result of the collision, L suffered a severe traumatic brain injury.

Estimated Value

This is an ongoing case. Liability investigations are ongoing. The case has an estimated capitalised value of over £750,000.

Features of the case:

  • This case involves a serious injury to a young child, with a potentially life changing impact. Serious Injury Law have taken action to secure early and comprehensive intervention and rehabilitation, far beyond compensation.
  • As a result of the collision, L was projected onto the vehicle’s bonnet before falling in front of the vehicle. She was then dragged a short distance before being pulled out from under the car by bystanders.
  • The Ambulance Service attended the scene and assessed L, noting that she had abrasions to her head, upper limbs and lower libs. She had a reduced Glasgow Coma Scale and was seen to have an abnormal gaze, she was not focused, and she looked vacant.
  • L was then placed in the ambulance and on the way to the hospital, she was intubated.
  • L stayed in a medically induced coma for a period of five days. After being extubated, she recovered well in hospital and has since been discharged home.
  • Whilst recovering from her injuries in hospital, L developed a pressure sore on her lower back/bottom. Serious Injury Law are now making enquiries with a view to making a separate clinical negligence claim for this.
  • Whilst L has progressed in her recovery, she still experiences the following issues amongst others:
    • She has become more easily upset, nervous and frightened.
    • She has become more easily angry and frustrated.
    • She has experienced issues with her memory, attention, and concentration.
    • She has experienced word finding difficulties.
  • L has now returned to school and is on a reduced timetable. She is said to be behind in all her subjects.

Where we added value:

Serious Injury Law’s representation has included:

  • We have carried out the necessary investigations and identified the insurers of the potential defendant, who fled the scene of the accident. This is particularly important in the context of a personal injury claim, when funding is being sought for early rehabilitation, and when exploring options as to whether to make a claim under the Motor Insurers Bureau Untraced Drivers Agreement.
  • As a result of a carefully drafted Letter of Claim, the defendant’s insurers quickly agreed to fund L’s rehabilitation under the Rehabilitation Code and we were able to get support in place for L, quickly and efficiently.
  • We have conducted a thorough review of our client’s medical records, allowing us to assess the nature of L’s injuries and enabling us to further advise about a potential clinical negligence claim.

Additional comment:

Serious Injury Law’s extensive experience in handling cases involving very serious brain injuries suffered by children, allows us to understand exactly what is needed upon instruction, as is vital that the case is advanced as quickly as possible in respect of both establishing who was at fault, and regarding rehabilitation/support.

In this case, L and her family required compassion and support from the start. Serious Injury Law’s experience in navigating complex family arrangements when a child is seriously injured, provides us with the necessary skillset to deal with difficult and changing circumstances, and allows us to provide the best possible client care.