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Claim for a Car Crash Traumatic Brain Injury Resolved in Court

October 21, 2015

A young man´s claim for a car crash traumatic brain injury has been resolved at the High Court with the approval of a £4.3 million compensation settlement.

In March 2009, seventeen-year-old Jack Mitchell from South London was the front seat passenger in a friend´s Fiat Punto, when the friend swerved his car to avoid hitting an animal and crashed. Jack sustained multiple injuries in the crash, and was taken to hospital where he was diagnosed with a broken leg, severe lacerations to his head and a traumatic brain injury.

Jack remained in hospital for three months before being transferred to a rehabilitation unit. However, his treatment at the rehabilitation unit lasted only three weeks before he was discharged.  Due to the lack of sufficient rehabilitation treatment, Jack has significant concentration problems and behavioural difficulties and he suffers from extreme fatigue.

Through his mother – Frances Mitchell – Jack made a claim for a car crash traumatic brain injury against the driver of the Fiat Punto. In his legal action, Jack alleged that the negligent manoeuvre by his friend was responsible for his injury. Liability was conceded by the driver´s insurance company, but Jack´s family were followed by agents of the insurance company while the settlement of the claim was being negotiated.

Ultimately, a settlement of the claim for a car crash traumatic brain injury was agreed, which consists of an immediate lump sum and annual tax-free, index-linked payments for the remainder of Jack´s life. The total value of the settlement is estimated at £4.3 million and, as the claim was made on behalf of a claimant unable to represent themselves, the case went to the High Court in London so it could be approved by a judge.

At the High Court, Mrs Justice Whipple heard the circumstances of the accident and that Jack is now living in a residential rehabilitation centre in Banstead, Surrey. The judge approved the structured settlement of the claim for a car crash traumatic brain injury and paid tribute to Jack´s family for the care and support they had provided for him over the past six years. Mrs Justice Whipple then closed the hearing and wished Jack all the best for the future.