Multimillion pound settlement for young boy in RTA crossing the road

John*, a two year old boy, was holding the hand of his grandfather as he crossed a road, when he was struck by a car. Their family who lived nearby, rushed to the area to find a scene of devastation as both John and his grandfather had been hit.

John suffered terrible brain damage and his life hung in the balance. He was treated at Great Ormand Street Hospital and then later at the Tadworth Trust, a brain injury unit specifically for children.

It was clear that his injuries were caused by the drivers negligent actions and as such, a full rehabilitation package should have been put in place. This did not happen. Instead, the family were left living in a house that was far too small, with just the kitchen table to sit around. There were problems with care the team and John's mother was told that she needed to assist. She would do 12 hour shifts at work and then be woken in the night to care for her very disabled son, without any formal training and minimal support. She was also told that the family would need to order a wheelchair (the most basic form of equipment), themselves, from social services.

When Fieldfisher were instructed this all changed.

The previous firm's advice was wrong. As the driver caused the accident, it was clear that the insurance company should have been covering the costs from the start. Our first priority was to ensure that John was medically stable. He was suffering from repeated chest infections and we secured a privately hired respiratory team to deal with them quickly.

We also ensured that the insurers paid for John's equipment needs and covered the costs for the care team so that his mum could be taken out of the team and focus on being well for her and her son. The family were moved to a much bigger property which gave them all plenty of space and also allowed John to have a sensory room and all the equipment he needed - including a state of the art wheelchair. We also increased both his talking and physiotherapy, to help with rehabilitation.

Changes started to happen. Music therapy helped to calm and soothe John. It helped to slow his breathing and heart beat so he was less anxious and he began to reach out for things. Following a review in medication, his seizures which were happening on average 15 times a day reduced to just 4 per day.

John began to laugh and smile once again.

John's mother says: "Jill and the team at Fieldfisher have been so helpful and kind. We were really struggling and when we instructed them things actually happened and we felt supported throughout. Life will never be the same, but we now see John smile again and the sensory room brings him such joy."

Commenting on the case, partner, Jill Greenfield adds: "I am glad that we have secured significant compensation for John and his family, which will be used for his support and development for the rest of his life. No one should ever have to go through what they've suffered, but when these things do happen it's important to get the right advice as soon as possible."

*name changed

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For further information about brain injury claims and road traffic accident claims, please call Jill Greenfield on 03304606778 or email jill.greenfield@fieldfisher.com.

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