JMW secured a positive liability settlement and interim payments for a Claimant who sustained a traumatic brain injury and orthopaedic injuries in a road traffic accident. The case, transferred from another firm, is ongoing with an expected settlement exceeding £10 million.

The Case

The Claimant suffered life-changing injuries when the Defendant drove through a red traffic light and caused a serious collision. The Defendant argued that her actions were reasonable as she believed she was in imminent danger. This unusual defence raised significant questions about established case law and the boundaries of reasonable behaviour under such circumstances.

Initially represented by another firm of solicitors, the Claimant was dissatisfied with the handling of the liability arguments and the inadequate care provided by the jointly instructed case manager. The lack of progress prompted the Claimant to seek a more proactive approach.

The Claim

JMW Solicitors took over the case in March 2023. Caroline, a specialist in complex personal injury claims, immediately recognised the need for a decisive approach to the liability arguments. Within six months, the liability issue was successfully settled and approved by the Court. An interim payment was secured, enabling us to fund a comprehensive care package, including the appointment of a single case manager, a neuro-occupational therapist, a neuropsychologist, and a personal trainer. These professionals immediately began to address the Claimant’s immediate needs and laid the groundwork for long-term rehabilitation.

In addition, a plan is underway to trial independent living with 24/7 professional care, which will significantly improve the Claimant's quality of life.

Final Settlement

The case remains ongoing, with causation and quantum issues yet to be fully resolved. However, evidence suggests that the final settlement will exceed £10 million, reflecting the severity of the injuries and the Claimant’s lifelong care needs. JMW continues to work diligently to ensure the Claimant receives the full compensation they deserve, and enable them to access the best possible care and rehabilitation.