JMW secured a £6 million settlement for a Protected Party who sustained catastrophic injuries after escaping from a secure hospital. Despite contributory negligence claims, we ensured the Claimant received comprehensive care, including a specially adapted home, that enabled her to live actively in the community

The Case

The Claimant, under Section of the Mental Health Act, escaped from a secure hospital and sustained catastrophic injuries due to self-harm. These injuries included a traumatic brain injury, multiple polytrauma injuries and severe exacerbation of her pre-accident mental health conditions, including PTSD.

The Defendant admitted breach of duty but argued contributory negligence, contending that the Claimant was partially responsible for her injuries. The Court needed to determine whether the Claimant’s mental health condition compromised her decision-making ability at the time of the incident. This was a complex issue as there were no reported cases matching the Claimant’s specific mental health condition and its impact on contributory negligence. The parties settled this issue just a week before the trial.

The Claim

Caroline, representing the Claimant, recognised the need for immediate intervention. At the time, the Claimant was self-harming and living a chaotic and unfulfilled life. Throughout the litigation, JMW secured interim payments totalling £1.4 million. These funds were used to establish a comprehensive care package, including intensive support from a neuro occupational therapist and various medical treatments aimed at stabilising the Claimant’s condition.

The Claimant now benefits from ongoing care, including treatments in urology, gastroenterology, physiotherapy, pain management therapy, neuropsychology and interventions from a psychologist and psychiatrist. The interim payments also funded the purchase of an adapted home, equipped with a through-floor lift and all necessary aids to support the Claimant’s independence.

Final Settlement

The case settled for £6 million, providing the Claimant with the resources she needed to maintain her quality of life. While the Claimant remains vulnerable, she is no longer under Section and now lives an active life in the community, supported by a dedicated team of Support Workers and a Case Manager who ensure her safety and wellbeing. The settlement has not only saved the Claimant’s life but has also allowed her to live with dignity and independence.