Archive for October, 2015

Compensation for a Traumatic Brain Injury in a Car Crash Approved in Court

Posted on: October 21st, 2015

A £4.3 million structured settlement of compensation for a traumatic brain injury in a car crash has been approved in favour of a twenty-three year old man.

Jack Mitchell from South London was just seventeen years of age when, in March 2009, he was the front seat passenger in his friend´s Fiat Punto. As the pair drove through the outskirts of London, a fox ran in front of the car. Jack´s friend swerved to avoid hitting the animal, but resulted in crashing his car.

Jack was taken to hospital with multiple injuries. As well a broken left leg, fractured ribs and severe lacerations on the back of his head, Jack was diagnosed with a traumatic brain injury. Jack spent three months in hospital receiving treatment for his injuries before being transferred to a rehabilitation unit.

The treatment at the rehabilitation unit only lasted three weeks before Jack was discharged into the care of his parents. Due to the lack of appropriate treatment for his brain injury, Jack suffers from extreme fatigue and has significant concentration problems and behavioural difficulties.

On Jack´s behalf, Frances Mitchell – Jack´s mother – claimed compensation for a traumatic brain injury in a car crash against the driver of the Fiat Punto. In the claim it was alleged that the manoeuvre by Jack´s friend was negligence in the circumstances and was the cause of Jack´s injury.

Liability was conceded by the driver´s insurance company, and a settlement of compensation for a traumatic brain injury in a car crash was negotiated. However, as the claim had been made on behalf of somebody who was unable to represent themselves, the settlement had to be approved by a judge before the claim could be resolved completely.

Therefore, at the High Court in London, Mrs Justice Whipple was told the circumstances of the accident, the injuries that Jack suffered and the treatment that he received at the time. The judge was also told that Jack is now living in a residential rehabilitation centre in Banstead, Surrey.

After paying tribute to Jack´s family for the care and support they had provided for him over the past six years, Mrs Justice Whipple approved the settlement of compensation for a traumatic brain injury in a car crash – which consists of an immediate lump sum payment and annual index-linked payments. The judge then closed the hearing by wishing Jack all the best for the future.