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Case Study

£1.5m for child with devastating brain injuries after road accident

Fieldfisher obtained judgment in favour of Oliver, a child who had run into the road and was subsequently knocked down by a car. Mrs Justice Hallett approved settlement of the compensation to be paid to him in the sum of £1.5m plus the CRU entitlement and costs.

Oliver was five years-old at the time of the accident. He suffered a severe head injury followed by a prolonged coma. He also suffered severe abdominal injuries including a ruptured liver and a fractured femur.

Now 11 years old, Oliver has been left with a left-sided weakness and palsy in the left arm, left-sided weakness in his leg, buttocks and thigh muscles and shortening of the left leg.

In a year or so, his walking ability will decrease and he will become more dependent on his wheelchair. The cost of a powered wheelchair and a stair lift for future use in the house were approved.

Although it is unlikely that Oliver will be able to drive himself, the cost of a suitable car for his future transport was also claimed. The cost of other items required, such as a shower seat and small pieces of household equipment e.g. special cutlery and crockery were also awarded, together with an amount for the additional pairs of shoes he requires, plus special shoes.

Severe brain damage has left him mentally and physically disabled to such an extent that makes him permanently incapable of managing his affairs, living independently or be employed in the open market. His life expectancy has not been significantly shortened.

The approved settlement included amounts for speech and occupational therapy, physiotherapy and tuition. It also included the future cost of residential care at a school suited to his needs between the ages of 11 and 21. An amount to enable him to pay for care but to live independently of his family from the age of 21 was also included.

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