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Compensation secured for victim of traumatic brain injury – Case Study Part One
The Case:
Our client, B, who was then aged 27, was involved in a road traffic accident, suffering life-changing traumatic brain injuries, when he was dragged alongside a taxi when trying to secure a ride home. He was speaking to the taxi driver through the open front passenger window when the taxi suddenly drove off at speed while B’s hand was trapped in the open passenger window.
B was dragged along the side of the taxi before falling to the ground, suffering significant and life-changing traumatic brain injuries. B spent more than 11 months in hospital before being discharged to care homes and eventually being cared for by family at home. B, now 31 years of age, requires 24/7 care and suffers with seizures.
The case had to be dealt with extremely sensitively because B had a pre-existing brain injury from an unrelated incident.
We took this case on under a “No Win, No Fee” funding arrangement. The taxi driver, who was found not guilty at a criminal trial, denied liability.
We tracked down witnesses who saw the incident and obtained detailed statements from them. We gathered CCTV footage, the police investigation report and photographs. We built a strong case that highlighted discrepancies in the taxi driver’s evidence and brought his credibility into question.
At the liability-only trial, on the basis of the evidence gathered together with the barrister’s extensive questioning of the taxi driver, the Judge found in favour of B. The Judge did not consider the taxi driver’s actions to be reasonable or proportionate. The Judge found B to be 20% responsible for the incident on the basis of his aggravating behaviour with the taxi driver being found 80% responsible.
The focus of this case now moves towards assessment of damages. Significant expert medical evidence will be required to comment upon B’s complex traumatic brain injury, rehabilitation needs, future care needs and a possible claim for past and future loss of earnings.
We will update this case study when the assessment of damages is complete and the claim has concluded.
B’s mother said: “I would like to take the opportunity to thank everyone involved in my son’s case. For believing in his case that it was the taxi driver’s appalling driving that caused my son’s life changing injuries. Everything from the receptionist taking my call, when sometimes I was very emotional and they always had the time to stay on the line and just be kind. The perseverance of Churchers Solicitor, Claire Bond, throughout the years it has taken to get to the place where we are today has just been outstanding. She is a force to be reckoned with. I will never forget her total belief in this case from the start. She totally and utterly believed in the injustice of my son’s situation and has proved that a No Win No Fee was the way forward for my son. The barristers recommended by Churchers were amazing and have given me faith that the truth does sometimes prevail. I will in the future always come back to Churchers as I totally believe in this company.”
Debra, Portsmouth.
