Posted by Stuart Brazington, Partner
School boy recovers £3.25 million after brain injury
A school boy was playing with some other children on a narrow area of pavement. He thought one of the other children was about to hit him, so he jumped off the pavement straight into the path of an oncoming vehicle.
The boy was hit by the wing mirror of the oncoming vehicle and suffered permanent brain damage, which affected his ability to interact socially, make decisions and control his behaviour.
The boy’s family contacted Stuart Brazington who leads the team of head and brain injury specialists at Royds Withy King. The boy’s personal injury claim stated that the driver was negligent and had caused the accident, not the boy.
There were questions raised about the driver’s negligence given that the boy had jumped off of the pavement. Stuart managed to convince the judge that the accident was as a result of the driver’s negligence. The defendant refused to accept the decision claiming that the boy also contributed to the accident by jumping into the road. The case went to the Court of Appeal who dismissed the defendant’s argument.
Stuart secured a total of £3,250,000 for the boy to cover his lifelong care needs.
His father, said of Stuart Brazington: “This was a trying time for all of us but your wonderful handling of our situation made this one exercise that caused me no problems or hassle – for this, I will be eternally grateful”.
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