NHS care worker wins settlement for lifetime care after brain injury

Our client, Bethany, sustained a traumatic, life-changing brain injury following a road traffic collision in 2019.

In this case study, legal director Megan Goodyer and paralegal Izzy Churchill from our Personal Injury team, who assisted in the matter, review the case and outline the key features of the claim.

The road traffic collision and injuries

Bethany was 35 years old at the time of the collision. She had completed a psychology degree at Southampton Solent University, after which she worked as a carer and then at an NHS Urgent Care Centre, where she was working at the time of the accident.

Bethany was returning home from a night out in Southampton when she was struck by a speeding vehicle while attempting to cross the road. Bethany was knocked unconscious from the impact and was taken to University Hospital, Southampton. She had sustained numerous injuries, including a severe traumatic brain injury and fractures to her cheek, left shoulder, elbow and wrist, a ruptured bladder and damage to her spleen.

Bethany remained at Southampton General for 12 weeks, including five weeks in the intensive care unit, before coming out of a coma in November 2019. In January 2020, Bethany was transferred to Snowdon Neuro Rehabilitation Centre in Southampton, where she was deemed to require neuro-cognitive rehabilitation and was transferred to Kerwin Court near Horsham in April 2020. She was discharged in June 2020.

Post-accident rehabilitation

Bethany lives with ongoing symptoms as a result of the accident. Her memory and concentration are severely impaired, she has difficulties problem solving and decision making, she struggles with cognitive communication issues and has marked physical and mental fatigue and pain. As a result, she has been unable to return to work.

Bethany started working with her case manager, Lindsey Hopkinson from COOCI Associates, in June 2021. Lindsey brought in a multi-disciplinary team, including a neuropsychologist, neuro-physiotherapist, speech and language therapist and neuro-occupational therapist. Bethany had intensive rehabilitation provided by her treating team.

One of Bethany’s early rehabilitation goals was to live independently. Early interim funding from the defendants enabled Bethany to undergo an independent living trial in July 2022, initially with the support of a 24/7 rehabilitation assistant; this was later reduced to 9-10 hours of care daily.

Liability challenge and court proceedings

Initially, the defendant insurers denied liability for Bethany’s accident. They alleged that the defendant had been travelling within the 30mph speed limit and suggested Bethany was inebriated and had run across the road without looking. However, further evidence from Southampton Police, including CCTV footage, demonstrated that the defendant was travelling at speeds in excess of 60mph on a poorly lit residential road at night. In fact, the driver in question was convicted in February 2020 of driving without due care and attention in respect of the collision with Bethany.

After issuing Bethany’s claim in the High Court, the case was assigned to the multi-track, and a case management conference (CMC) was held in October 2023. At that time, Bethany’s mother, RWS, was appointed as Bethany’s litigation friend and interim payments of £900,000 were approved on account of damages. The judge also entered judgment for Bethany with a 77.5/22.5 split of liability.

A trial was listed for January to March 2025. However, before this, the parties scheduled a joint settlement meeting for June 2024.

Maximising the claimant’s compensation

Multiple experts were instructed to enable Stewarts to value Bethany’s claim properly and produce reports on her future prognosis. These included reports from experts in neurology, neuropsychiatry, neuropsychology, orthopaedics, ophthalmology, physiotherapy, audiovestibular medicine, care and accommodation, as well as court of protection reports.

Bethany’s claim was recently settled for a seven-figure sum. Lead counsel was William Latymer-Sayer of Cloisters. David Sanderson from 12 King’s Bench Walk advised on liability.

The settlement monies will ensure Bethany is compensated for her injuries and is financially secure and able to meet her disability needs for the rest of her life.

How Stewarts were able to help

Bethany’s litigation friend and mother says:

“Stewarts has supported our family through a long personal injury claim for our daughter. Throughout the case, we were well informed by Megan who always took the time to explain each step to us and was always contactable. Through the whole process, we always felt our daughter’s case was in very good hands.”

Bethany’s father says:

“Megan and her team, working on my daughter’s compensation case, always had her best interests at heart in securing the right outcome for her. As a family, we could not have been happier with the dedication of the team. Thank you.”