Injury Compensation News

Compensation Claim for Brain Injuries After Car Crash Settled

October 26, 2015

A seven-figure compensation settlement has been approved for a young man who sustained severe brain injuries whilst a passenger in a car accident.

When Jack Mitchell, now aged twenty-three, was just seventeen years old he was involved in a serious car accident. Jack was the passenger in the front seat of his friend’s FIat Punto, and whilst the pair were driving around the suburbs of London, a fox ran out in front of the vehicle. In an attempt to avoid collision with the animal, Jack’s friend – the driver – swerved, but this resulted in him crashing the car.

Emergency units were called to the scene, and Jack was taken to hospital. His injuries included a fractured leg, broken ribs and several severe cuts to the back of his head and neck. However, the most grievous injury was the trauma that Jack sustained to his head. This meant that the then teenager had to spend three months in hospital receiving treatment before eventually being moved to a rehabilitation facility.

Three weeks after his admission to the rehabilitation centre, Jack was discharged and as such returned to his parents’ home for care. However, the short treatment he received did not prove appropriate and Jack suffered from exhaustion, lack of concentration and other behavioural issues.

Frances Mitchell, Jack’s mother, made a claim for compensation on her son’s behalf as he was still legally a minor and could not do it himself. In the claim for the crash compensation, they stated that Jack’s friend was negligent in his driving and that was a direct cause of Jack’s injury, and all the pain he suffered afterwards.

Liability for the crash was conceded by the Fiat Punto driver’s insurance company, and negotiations began between the parties to settle the compensation claim. However, whatever was agreed then needed to be approved by a High Court judge, as the person for whom the claim was made was unable to represent themselves, and as such a judge needed to approve to show that it was in the person’s best interest.

Mrs Justice Whipple oversaw proceedings when the claim was heard at London’s High Court. Judge Whipple was told of the circumstances of the incident, and of Jack’s subsequent injuries and treatment. Jack had also since moved into a residential rehabilitation centre in Surrey to help cope with his injuries.

Mrs Justice Whipple approved the agreed compensation settlement, which consisted of an initial lump sum payment and annual, index-linked payments thereafter. It is estimated to be worth £4.3 million. Judge Whipple also paid tribute to Jack’s family, commending them for the care that they showed their son over the last six years, and wished Jack all the best for his future.

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