Brain Injury Claims Solicitors

Brain injury claims solicitors enable you to recover compensation when you or somebody close to you has suffered a brain injury in an accident for which you were not wholly to blame. Solicitors who provide legal representation in brain injury claims for compensation look beyond the initial trauma that has been sustained and consider what the long-term implications of the brain injury may be – not only for you as the victim, but for those around you who may have to support you through your recovery from a brain injury. To get practical and individual advice about compensation claims for a brain injury, call and speak directly with a brain injury claims solicitor.

British Family´s Claim for Quadbike Accident Injury Compensation Settled for Au$12 Million

Posted on: July 19th, 2016

A claim for quadbike accident injury compensation, made by the family of a British woman injured working in Tasmania, has been settled for Au$12 million.

In December 2011, Holly Raper from Chorley in Lancashire was just twenty-one years of age and on the adventure of a lifetime, backpacking around the world. Unfortunately, the budding photographer was seriously injured shortly after starting work at the King Island Dairy Farm in Tasmania.

Holly had been told to round up cattle and was given a quadbike to ride. However, while herding the cattle, Holly came off the vehicle and suffered a catastrophic brain injury that left her in a coma for several months.

Due to the severity of the injury, Holly is now quadriplegic. She was flown home from Tasmania in March 2013, but has to be cared for twenty-four hours a day due to being unable to move, feed herself or communicate.

Holly´s family received a compensation settlement of Au$290,000 from the Tasmanian Workers Rehabilitation and Compensation Tribunal but, as this is insufficient to pay for Holly´s medical care, her family made a claim for quadbike accident injury compensation against the owners of the King Island Dairy Farm – David and Jocelyn Bowden.

The Bowden´s denied liability for Holly´s injuries and claimed that they had been caused by her own lack of care. However, solicitors acting on behalf of the family found that Holly had not been given a helmet to wear or properly instructed on how to manoeuvre a quadbike.

During the compilation of the claim for quadbike accident injury compensation, it was also discovered that the quadbike has serious defects. The rear brakes had been disconnected, the rear wheel had been put on backwards and there was excessive wear of the steering mechanism.

A hearing to determine liability was scheduled for April. But, due to Holly´s medical experts residing in the UK, Judge Steven Estcourt flew to Manchester to hear testimony before concluding the hearing in Hobart. Ultimately, Judge Estcourt found in Holly´s favour, dismissing claims of contributory negligence and finding the Bowden´s liable for Holly´s accident.

The judge awarded Holly Au$12 million in settlement of the claim for quadbike accident injury compensation. The settlement will be put into a trust in the UK to pay for Holly´s future care.

Settlement of Compensation for a Brain Injured Cyclist Approved in Court

Posted on: November 17th, 2015

The High Court has approved a settlement of compensation for a brain injured cyclist who suffered severe injuries due to the negligence of a lorry driver.

On November 4th, 2011, thirty-one year old Mary Bowers was cycling to work at the News International building in Wapping, East London, where she was a promising young journalist for The Times. Just ninety metres from her workplace, Mary stopped when she encountered red light on Dock Street.

As she waited for the lights to change, a 33 tonne Lynch Haulage aggregate lorry pulled up behind her. The driver of the lorry was participating in a hands-free phone conversation at the time, and he neglected to fully engage the handbrake. Tragically, the lorry rolled forward and crushed Mary beneath its wheels.

Mary was rushed to hospital by ambulance suffering from a severed artery, two broken legs, a punctured lung, a broken pelvis and a broken arm. She was subsequently diagnosed with a severe brain injury. In November 2013 she was transferred to a residential rehabilitation centre in Brentwood, Essex, but remains in a minimally conscious state.

The driver of the lorry – Petre Beiu – was convicted of careless driving at Snaresbrook Crown Court in December 2012. He was fined £2,700 and disqualified from driving for eight months. Following Beiu´s conviction, Mary´s father – Peter – claimed compensation for a brain injured cyclist from Beiu´s insurance company.

Liability for Mary´s injuries was admitted and an undisclosed settlement of compensation was negotiated. However, as the claim for compensation for a brain injured cyclist had been made on behalf of somebody unable to represent themselves, the settlement had to be approved by a judge to ensure that it was in Mary´s best interests.

The approval hearing took place at the High Court in London, where Mr Justice Supperstone heard how, on the day of the accident, Mary had been wearing a cycling helmet and a high-visibility jacket, and that she had remained in a designated cycling lane before moving into the cyclist stopping box at the traffic lights.

The judge was told that the undisclosed settlement of compensation for a brain injured cyclist would be used to provide Mary with a private bungalow at the Brentwood rehabilitation centre and to pay for the care and therapy she will need for the rest of her life. Judge Supperstone had no hesitation in approving the settlement.

Speaking after the approval hearing, Mary´s father told reporters: “The impact of Mary’s injuries has been devastating to her – her career was flourishing and she had her whole life ahead of her. We are relieved that now she will have access to vital funds which will help go toward specialist treatment to help and support her through her ongoing rehabilitation.”

Man Awarded Injury Compensation for a Crash with a Ploughshare

Posted on: November 6th, 2015

A man, who suffered a devastating brain injury in a motorbike accident, has been awarded injury compensation for a crash with a ploughshare.

On 20th September 2012, Anthony Royle (48) and his pillion passenger were riding along the A54 in Winsford on Anthony´s motorbike. Anthony was travelling at 60mph as he started overtaking a line of stationary traffic that was waiting for a tractor with a ploughshare attachment to turn into a field.

Unfortunately, as Anthony approached the tractor, he did not see the ploughshare attachment protruding across the road at head height in time to stop his bike. Anthony crashed into the ploughshare – both he and his pillion passenger being knocked unconscious with the force of the impact.

Anthony suffered a devastating brain injury as a result of the accident, which has left him needing a lifetime of care and support. As he is unable to manage his own affairs, a claim for injury compensation for a crash with a ploughshare was made on Anthony´s behalf against the owners of the farm – GA and S Broster and Son.

In the legal action it was alleged that the tractor was being operated by a farm employee who, although he had a license to drive a tractor, did not have the experience to manoeuvre a ploughshare attachment safely. Liability was admitted, but defence lawyers argued that Anthony had contributed to the cause of the accident by failing to give it a wide berth when overtaking.

A compromise settlement package of injury compensation for a crash with a ploughshare was negotiated that will be sufficient to provide Anthony with the care he needs for the rest of his life. However, as he is legally unable to manage his own affairs, the settlement package had to be approved by a judge before the claim could be finally resolved.

Consequently, at the High Court in London, Mr Justice Jay was told the circumstances of Anthony´s accident and the settlement of injury compensation for a crash with a ploughshare that had been agreed. Approving the settlement, the judge said “You could have done better, but you could also have done worse bearing in mind all the factors”.

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.

Settlement of Car Accident Brain Injury Claim Approved in Court

Posted on: July 30th, 2015

The multi-million pound settlement of a car accident brain injury claim has been approved at the High Court in favour of a twenty-one year old man.

On 7th August 2010, Josh Humphrey (16) left his home in Bognor Regis in West Sussex to meet up with three friends for a day trip. The party travelled in a car driven by one of Josh´s friends – Laura Stocker (18) – who was an inexperienced driver; and, as Stocker drove down the A272 Billingshurst Road, she allowed her concentration to lapse and crashed into a 7.5 tonne lorry travelling in the opposite direction.

One of the passengers – Kirsty Hicks (16) from Slinford in West Sussex – died six days later as a result of the injuries she sustained in the accident, while Josh was airlifted to hospital having sustained a traumatic brain injury. Stocker was subsequently convicted with causing death by careless driving and given a suspended custodial sentence by Chichester Crown Court the following February.

Josh was treated for his traumatic brain injury at several different hospitals and rehabilitation units over the next few months, before being discharged to live in a specially adapted bungalow with his parents. After seeking legal advice, Josh´s mother – Steph Humphrey – made a car accident brain injury claim against Stocker.

As Stocker had already been convicted on causing death by careless driving, her insurance company admitted liability for Josh´s injuries quickly. Nonetheless, it took several years before an acceptable settlement could be agreed upon – which, although undisclosed, is believed to consist of a seven-figure lump sum payment and index-linked payments every year for the remainder of Josh´s life.

At the time that the car accident brain injury claim had been made, Josh was a legal minor. So, before any compensation could be paid to the family, the settlement package had to be approved by a judge to ensure it was in Josh´s best interests. On Monday this week, details of the car accident, the brain injury sustained by Josh and the settlement of the claim were heard at the High Court.

The settlement of the car accident brain injury claim was subsequently approved; after which Steph Humphrey told her local press: “We are grateful this aspect is now over. Nothing will take away Josh’s terrible difficulties but at least we no longer have the huge financial worries that arise as a result of brain injury.”

Compensation for a Brain Injury in a Motorbike Accident Approved in Court

Posted on: February 17th, 2015

A motorcyclist who was knocked off his bike by a negligent driver six years ago is to receive £10 million compensation for a brain injury in a motorbike accident.

Marcel Beasley (31) was riding his Yamaha R6 motorbike along the A453 in Nottinghamshire when, on 22nd May 2009, the driver of a car trapped in slow moving traffic attempted to do a u-turn immediately in front of the motorcyclist.

Marcel was catapulted across the bonnet of the car and landed in a ditch on the other side of the road. Due to the force of the impact, the strap on his crash helmet snapped, and Marcel suffered a severe brain injury as a result of the accident.

Marcel was airlifted to the to the Queens Medical Centre in Nottingham, where he spent several weeks in intensive care – much of which in a coma. He was subsequently transferred to the specialist brain injury unit at Richardson Mews in Northamptonshire, where he underwent fifteen months of treatment.

Due to the injuries sustained in the motorbike accident, Marcel now has limited mobility and is dependant of a wheelchair to move around. He has speech, cognitive ability and behaviour difficulties and has also lost the use of his left arm due to a brachial plexus injury.

As he was considered unable to represent himself, Marcel´s uncle – Cadell Beasley – made a claim for compensation for a brain injury in a motorbike accident against the driver of the car that had attempted the U-turn manoeuvre, Paul Alexander.

Alexander denied total liability for Marcel´s injuries – accusing him of travelling too fast for the road conditions and “filtering” in and out of the traffic. At the Royal Courts of Justice in 2012, the question of liability was resolved when Sir Raymond Jack found in Marcel´s favour.

The judge said that Marcel´s estimated speed at the time of the collision was 40mph – well within the 60mph speed limit – and that even if Marcel had been riding at a slower speed he would still have sustained serious injury. The judge also said that Alexander had a clear view behind him before attempting his manoeuvre, and that Marcel´s filtering had not been causative to the accident.

After resolving the negligence issue in the compensation claim for a brain injury in a motorbike accident, Sir Raymond Jack adjourned the case in order that an assessment of Marcel´s future needs could be made. Marcel received interim payments of compensation for a brain injury in a motorbike accident while the assessment was ongoing so that he could continue to receive treatment for his injuries.

The final settlement of Marcel´s claim for compensation for a brain injury in a motorbike accident was announced this week. The settlement is made up of a £4.2 million lump sum payment to be paid immediately plus annual tax-free index-linked payments of £175,000. The estimated total value of the claim is £10 million based on Marcel´s life expectancy. The settlement was approved by a High Court judge at the same time as it was announced.

Brain Damaged Cyclist Resolves Compensation Claim for Accident with Car in Oldham

Posted on: February 3rd, 2015

A man, who suffered serious brain damage when knocked from his bike on the A59, has resolved his compensation claim for an accident with a car in Oldham.

In September 2010, John Wellock (65) was cycling along the A62 in Oldham, when his bike was hit by a car that had pulled out in front of him. John was knocked from his bike and – despite wearing a cycling helmet – John suffered serious brain damage and was taken to hospital in a coma.

John remained in hospital for nine months – during which time he received extensive therapy and rehabilitation. He was allowed to return to his home in Mossley, Greater Manchester, only when his wife – Elaine – gave up her job to provide full-time care for her husband.

The negligent car driver who had pulled out in front of John was prosecuted for driving without due care and attention. He pleaded guilty to the charges in 2011 at Oldham Magistrates Court. After seeking legal advice, John made a compensation claim for an accident with a car in Oldham against the negligent driver´s insurance company.

The insurance company acknowledged their policyholder´s liability and after studies had been carried out to forecast John´s future care and support requirements, a £2 million settlement of his compensation claim for an accident with a car in Oldham was negotiated.

Speaking after the settlement of his compensation claim for an accident with a car in Oldham, John said: “I believe wearing a cycle helmet saved my life, I’ve been campaigning to try and make them compulsory for all. Anything that can be done to improve safety for cyclists is extremely important.”

The compensation settlement will allow John to continue receiving therapy and rehabilitation treatment while getting professional support and care from experts. Elaine – John´s wife – added “The settlement is a massive relief and a weight off our shoulders. We can now look to the future as we know that John’s care needs will be taken care of for the rest of his life”.

Court Approves Settlement of Overseas Bike Accident Injury Compensation

Posted on: November 22nd, 2013

A court in Birmingham has approved a £6.1 million settlement of overseas bike accident injury compensation for a former sales director at IBM who was involved in a horrendous accident in Germany.

Shane Booth (39) from Solihull in the West Midlands was on a motorcycling holiday in Germany when the bike accident occurred in August 2009. As Shane and a colleague were returning to their accommodation in Baden-Baden, a tractor heading in the opposite direction turned left immediately across Shane´s path – giving Shane no opportunity to avoid a collision.

Shane suffered multiple fractures and internal injuries as a result of the accident, and brain damage so severe that he remained in a coma in a German hospital for several weeks before regaining consciousness and flying back to the UK to continue his recovery in Coventry Hospital.

As soon as he was sufficiently recovered, Shane was transferred to Leamington Spa Rehabilitation Hospital, where spent two years in an intensive rehabilitation program to help him learn to walk again and recover his speech.

After seeking legal advice, Shane made a claim for overseas bike accident injury compensation against the driver of the tractor – who had been convicted of causing bodily harm by negligence after a police investigation had found him responsible for causing the accident.

With liability not in doubt, the only issue that remained to be resolved was how much injury compensation for an overseas bike accident Shane was entitled to for his personal injuries, the cost of his medical treatment and to recover his lost income and opportunities, as Shane will never be able to work again.

Eventually Shane´s overseas bike accident injury compensation claim was settled for £6.1 million and last week the settlement was approved by Birmingham High Court. Shane commented after the hearing “While I do get frustrated with needing support to do simple tasks, looking back at pictures of me, I recognise how extremely lucky I am to even be alive”.

Settlement of Compensation for Brain Damage at Birth Approved in Court

Posted on: September 24th, 2013

A judge has approved a settlement of compensation for brain damage for a young girl who was deprived of oxygen prior to her delivery and now suffers from athetoid cerebral palsy.

Ruby Curtis (8) from Garforth in West Yorkshire was born on 28th August 2005 at St James Hospital in Leeds after having been deprived of oxygen in her mother´s womb prior to her delivery. Medical staff at the hospital had administered drugs to bring on her mother´s contractions, but a failure to notice her mother´s ruptured uterus delayed Ruby´s birth longer than necessary.

Ruby was subsequently delivered suffering from brain damage and was diagnosed as suffering from athetoid cerebral palsy – a cerebral palsy condition which results in involuntary muscle movements in the head, body and limbs – and, although Ruby can make noises, she is unable to speak clearly and communicates through her eye movements.

Ruby requires help with every element of daily life, and her mother – Lisa – gave up her job to care for her daughter. Through Lisa, Ruby made a claim for compensation for brain damage at birth against the Leeds teaching Hospitals NHS Trust, claiming that Ruby´s condition could have avoided with greater care and alleging that the medical staff failed to recognise that a serious complication had occurred.

After an investigation, the Leeds Teaching Hospitals NHS Trust acknowledged “majority responsibility” for Ruby´s brain damage, and a compensation settlement was negotiated that will secure round-the-clock care and financial security for the rest of Ruby´s life.

Judge Mark Gosnell at the High Court in Leeds heard that the settlement of compensation for brain damage at birth included a lump sum payment of £2.95million and ongoing payments each year which would be managed by the Court of Protection.

An apology to the family was also read out in court by a representative of the Leeds Teaching Hospitals NHS Trust which, the judge hoped, would give the family “a sense of closure”. Judge Gosnell added while approving the settlement of compensation for brain damage at birth that the settlement should secure “a better family life for both you and Ruby”.

Claim for Cyclists Injuries Resolved after 8 Years

Posted on: August 17th, 2013

A claim for a cyclists injuries has been resolved eight years after he sustained life-threatening injuries in a road traffic accident and following three court hearings.

Toby Phethean-Hubble was a sixteen-year-old teenager when, in November 2005, he cycled into the street to cross the road outside the Whitchurch Leisure Centre in Shropshire, and was knocked over by a car being driven by seventeen-year-old teenager Sam Coles.

Coles – who had passed his driving test only eight days earlier and who was driving his parent´s automatic car for the first time – admitted to police that he had seen Toby cycling along the pavement, but was unable to prevent the collision when Toby cycled off the pavement and onto the road. He also confessed to driving faster than the 30 miles-per-hour speed limit.

Toby suffered catastrophic brain injuries in the accident and it was feared that he may not live. However, following an operation to place a titanium plate in his head and years of physiotherapy at a specialist centre in North Devon, Toby can now walk again with the assistance of a walking frame.

Because he was too badly injured to represent himself, Toby made a compensation claim for cyclists injuries against Coles through his mother; but Coles´ insurance company denied that their client was responsible for causing the accident, and the compensation claim for cyclists injuries proceeded to court.

At the High Court in London In March 2011, Judge Wilcox found in Toby´s favour – but said that he should assume one-third liability for the accident due to his contributory negligence. Coles´ insurers appealed the decision and, in April 2012, the Appeal Court increased the deduction of compensation for cyclists injuries to one-half in respect of Toby´s own lack of care.

The Appeal Court case was subsequently adjourned to allow for the assessment of damages, and last week – in a further hearing at the High Court – Mr Justice Stewart approved a £5.3 million settlement Toby´s claim for cyclists injuries which will enable him to continue receiving treatment for his injuries at the North Devon rehabilitation centre.