We acted for a five-year-old boy who suffered a serious brain injury in a collision with a car. The family lived opposite a park and the toddler’s older brother and sister had gone outside to play.

His mum had turned her back for only a moment, but it was long enough for him to get out of the house and follow his siblings outside. As he ran across the road to join them he was struck by a car.

The boy was diagnosed with a diffuse axonal injury where damage occurs over a widespread area of the brain. This left him with severe learning difficulties and behavioural problems. Liability was denied by the driver's insurer so we used the rehabilitation code to put in place a care and support regime for the injured boy, funded by the insurer.

Liability was then dealt with at a liability only hearing. In view of the severity of his injuries it became clear he would never be able to live independently and would always require the support of others. The Court of Protection therefore had to be involved because he would always need help to manage his financial affairs.

Whilst his mother naturally wanted to care for him as much as possible, professional support workers, funded by interim payments, were also gradually introduced. The settlement provided flexibility for future care and a lump sum to house all the family in a larger property as well as maximising the benefit for the injured boy and his family.

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This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024