Daniel, a young man in his late teens, sustained catastrophic injuries including a traumatic brain injury when the taxi he was travelling in was struck by a car at speed. In this article senior associate Charlotte Foster, who had day-to-day conduct of Daniel’s claim, and senior paralegal Varsha Chandrasegaran, who assisted in the matter, outline the progression and key features of the claim.

Before the collision occurred, Daniel was a keen amateur boxer who had competed at national level and received several awards. He also attended college and had several hobbies, including trail biking.

The collision and injuries sustained by Daniel

Daniel was travelling to his friend’s house in a taxi when a car came out of a side road at speed and struck the taxi, causing significant damage to both vehicles and resulting in the car setting on fire.

Daniel sustained a severe traumatic brain injury and complex maxillofacial injuries as a result of the collision. Following the collision, he was taken to hospital and underwent extensive surgery. He subsequently received inpatient treatment and was eventually discharged home a few weeks later.

As a result of his injuries, Daniel lives with a number of ongoing issues, such as changes in cognition, behaviour and emotion.

Admission of liability

The driver of the car fled the scene following the collision. He was subsequently apprehended and convicted of a number of criminal offences, including failing to stop at the scene of an accident, driving without due care and attention and driving without insurance.

As the driver of the car wasn’t insured, early contact was made with the Motor Insurer’s Bureau (MIB). Following the driver’s conviction, the MIB accepted full liability for Daniel’s injuries.

Rehabilitation

The solicitors for the MIB took a collaborative approach and agreed to fund rehabilitation under the Rehabilitation Code. Over the course of his claim, Daniel received a full package of support, including case management, care support, occupational therapy and neuropsychology and neuropsychiatry treatment. The funding provided by the MIB also enabled Daniel to undertake an independent living trial.

During the claim, Stewarts worked to secure a total of £55,000 in interim payments for Daniel.

Daniel’s father has provided him with unwavering support since the accident, which has been instrumental in his being able to move forward with his life post-injury.

Experts and final settlement

To fully assess Daniel’s prognosis and long-term needs, both parties obtained evidence from a wide range of experts.

Given the extensive nature of the injuries, Stewarts instructed quantum experts in the fields of neurorehabilitation, neuropsychology, neuropsychiatry, ophthalmology, plastic surgery, oral and maxillofacial and care and occupational therapy.

A settlement was achieved at a joint settlement meeting between the parties for a seven-figure lump sum, which the court subsequently approved. The funds secured will help ensure Daniel’s lifelong needs are met.

Testimonial

After the court approved the settlement, Daniel’s father and litigation friend said: