Our road traffic accident solicitors helped a man get a seven figure compensation settlement after he was hit by a car while walking his dog.
How It Happened
Henry* was walking his dog in Woolwich Common, London, when he was hit by a car that suddenly swerved off the road and onto the Common. The car hit Henry in the back at 50mph. Henry flew up into the air and hit his head on the roof of the car before landing on the ground.
Henry suffered multiple serious injuries and had to be rushed to King’s College Hospital. He went through multiple surgeries to treat injuries to his brain, leg, knee, spine, hip and chest.
After his surgeries, Henry was transferred to Heathside Neurorehabilitation Unit to help him recover. His brain injury meant that he could only communicate by nodding his head but soon he was making good progress.
In June 2014, he could go home but still needed 24-hour care to help with personal hygiene, getting around and preparing food. Slowly, Henry’s condition improved and his care was reduced to only day time hours.
How We Helped
Henry’s niece contacted us about making a compensation claim after getting a recommendation. She was Henry’s Litigation Friend and helped him manage his affairs while he recovered from his brain injury. A Litigation Friend is someone who the Court of Protection appoints to help with financial or health and welfare issues for someone who can’t manage these themselves.
Our solicitors, led by Laura Middleton-Guerard, looked into Henry’s situation. We knew we could make a claim against the driver’s insurer. After investigating, we discovered that the driver fell asleep while driving which is why he lost control of the car and hit Henry.
We gathered expert medical evidence from Henry’s medical team to support the claim. Although Henry had made a remarkable recovery, the medical experts agreed that he would need help to manage his affairs for the rest of his life.
He had also suffered an emotional loss because he couldn’t look after his dog anymore and neither could anyone in his family so the Council had to take it away. This was very upsetting for Henry and contributed to his depression he was suffering from after his accident.
The Settlement
We negotiated with the insurers of the driver and secured a seven figure settlement for Henry which the High Court approved. The negotiations were particularly difficult because Henry’s recovery was very good and the insurer’s didn’t think he needed a large amount of compensation.
In the end, we showed that although Henry’s physical recovery was remarkable, he would always need support to manage his affairs because of his brain injury.
Henry and his niece were really pleased with the result especially because the settlement was much higher than what they expected. It would also be more than enough to pay for Henry’s further rehabilitation.
Laura Middleton-Guerard said:
“It was a pleasure acting for the family. The settlement approved by the High Court means that my client’s future care costs will be met. This is also the perfect example of how rehabilitation can help survivors of brain injury.”
If you or a loved one are in a road traffic accident that wasn’t your fault, we could help. Call us on 0370 1500 100 or fill out our online form and we’ll call you back.
*Not client’s real name
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