JMW Secures Settlement for Brain Injury Despite Motoring Offence Conviction

A road traffic accident can have devastating consequences, especially when it leads to a life-changing brain injury. When liability is disputed and the injured person has been convicted of a motoring offence, securing compensation becomes even more challenging.

JMW Solicitors supported a 14-year-old boy and his family in achieving a settlement that will provide lifelong care and support, despite significant obstacles and potential complicating factors in the case.

Background

The claimant, aged 14, sustained a head injury when he was riding an off-road motorbike and collided with a motorist who pulled out from a side front and directly into his path. 

The brain injury sustained by the claimant as a result of the accident was severe, and he will require long-term care and support. However, the family’s chances of making a successful personal injury claim were complicated by the fact that the claimant was convicted of various motoring offences, including driving without due care and attention.

No action was taken by the police against the motorist involved. The defendant denied liability in full. The conviction was relied upon as part of the defence, and the case was prepared for a four-day trial.

While the claimant was receiving treatment, hospital staff referred the family to the Child Brain Injury Trust (CBIT), who provide all manner of practical and emotional support to children and families who are coming to terms with an acquired brain injury. CBIT in turn recommended that the family speak to JMW about the potential to pursue a claim, because of our expertise in this area.

How Did JMW Help?

The team representing the claimant’s family was led by Gordon Cartwright, joint head of JMW’s personal injury department, working alongside Charlotte King, Senior Associate and Suzanne Heald, Senior Paralegal. 

Due to the serious nature of the injuries, we investigated the claim thoroughly, obtaining all CCTV and witness statements provided to the police. After various discussions with an accident reconstruction expert, we were able to reconstruct exactly how the accident happened. Although there was initially disagreement between the accident reconstruction experts of both parties, the defendant’s expert accepted that crucial information in his report was not correct, which impacted his credibility, including the approach speed of our client to the accident location. It was also demonstrated that the positioning of a parked van had obscured the defendant’s view of our client’s approach.

As the trial approached, JMW engaged in negotiations at a joint settlement meeting. Ultimately, after a thorough investigation, we were able to reach an agreement on a damages settlement that accurately represented the responsibility of both parties in this accident. 

The Outcome

A settlement was secured shortly before the scheduled trial date, providing certainty and the means to put in place the support the claimant will need as he grows older, and avoiding the need for a potentially lengthy trial.

The claimant’s mother shared the following words:

“We want to express our deepest and most sincere thanks to the entire legal team. Your unwavering support, expertise, and compassion throughout this journey have meant everything to our family.

“From the very beginning, you treated us with kindness and respect. You listened, guided, and fought for our son’s rights as if he were your own. Your professionalism was outstanding, but what truly set you apart was the genuine care and dedication you showed at every stage.

“This was never about money for us. It was always about achieving an outcome that would give our son the chance he deserves - a life filled with dignity, opportunity, and the support he needs to reach his full potential. Because of your tireless work and belief in what’s right, that outcome is now a reality. You’ve helped give our son not just a voice, but a future - and that is something we can never repay.

“Please know that we will be forever grateful for everything you’ve done. You’ve changed our lives.”