The Client & The Challenge
Solicitor: Richard Meggitt (Major Trauma Specialist)
Accident Type: Catastrophic Pedestrian Road Traffic Accident
The Situation: Our young client, ‘C’, sustained a serious traumatic brain injury after being struck by a car while walking home from school in Sheffield. After initial emergency treatment at Sheffield Children’s Hospital, ‘C’ was discharged and was able to return to mainstream school, but with assistance.
However, the severe neurological injury meant ‘C’ faced significant lifelong challenges relating to cognitive function, independence, and future employment prospects.
- The Defendant’s motor insurers adopted a hard-line strategy, denying liability for the accident for many years.
- This defensive posture placed significant emotional and financial pressure on ‘C’s family, forcing the legal team to fight simultaneously for early rehabilitation funding and to prove fault.
Section 2: Our Strategic Legal Approach
1. Immediate Intervention via the Rehabilitation Code 2015
The first three years post-injury were identified as the most critical window for neurological recovery due to the brain’s highest capacity for neuroplasticity. Our immediate priority was to access and fund specialist treatment.
- We immediately invoked the Rehabilitation Code 2015 to compel the Defendant’s insurers to engage in funding a necessary treatment pathway, regardless of their position on liability.
- This secured an Immediate Needs Assessment (INA) by an independent, specialist Case Manager—a crucial first step in any major trauma claim.
Securing Essential Interim Payments for Lifelong Support
Based on the Case Manager’s report, we successfully applied for Interim Payments (advances of compensation), which were vital throughout the entire nine-year duration of the litigation. This funding provided:
- Specialist Neuro-Rehabilitation: Intensive, private sessions for Neuro-Physiotherapy and Occupational Therapy to maximize motor and functional recovery.
- Cognitive and Psychological Support: Necessary CBT and family counselling to address the profound emotional and psychological impact of a Traumatic Brain Injury (TBI).
Overcoming Complex Legal and Quantum Hurdles
The Defendant’s insurers aggressively maintained their denial of liability until less than a month before the scheduled trial, which was only overcome through meticulous preparation and expert instruction.
- Expert Evidence: The claim was highly complex due to the client’s age. Following the opinion of the instructed neuro-surgeon, Richard Meggitt developed a strategy to defer the final claim valuation until the client reached the age of 16.
- We instructed a multi-disciplinary team, including a child orthopaedic surgeon, plastic surgeon, psychiatrist, care and occupational therapist, and an ENT surgeon. Crucially, a Vocational Rehabilitation Expert was instructed to accurately assess the impact on future earning capacity.
- This careful, evidence-based strategy led to the claim being resolved on a 100% liability basis at a Joint Settlement Meeting, nine years after instructions were first taken.
The Successful Outcome and Client Security
Final Result: Over £2,500,000 lump sum settlement.
Impact on Client’s Life:
- This substantial settlement secures the client’s financial future for life. The funds were calculated specifically to cover his lifelong loss of earnings and the cost of ongoing professional and family care, based on the prognosis that he is unlikely to ever secure paid employment.
- Deputyship Appointment: To ensure professional oversight and protection of the funds, Richard Meggitt was also appointed as a Deputy to manage the settlement money. This guarantees that the funds are managed ethically and legally, for the client’s sole benefit throughout his life.
“We cannot thank the Richard and the team enough. The level of dedication shown throughout the nine years was extraordinary. The compensation has given our son a secure future and access to the care he will always need.” – The Client’s Family
Richard Meggitt is a solicitor and major trauma lawyer. He is a senior litigator as recognised by the Association of Personal Injury Lawyers.
Major Trauma Lawyers are authorised and regulated by the Solicitor Regulation Authority.
Contact Our Major Trauma Specialists
Facing a major trauma? If you or a loved one has suffered a life-changing injury, you need specialist legal representation to secure the maximum compensation and fund necessary rehabilitation. Contact us today for a confidential, no-obligation discussion.
Call 0114 2678780
