Background: Our client, aged 11 at the time, was a passenger in a car driven by a friend’s mother. The car skidded off the road, rolled, and struck a telegraph pole, causing our client to suffer a traumatic brain injury.

Incident: The driver was uninsured, but persistent efforts led to an agreement with the insurance company to indemnify the driver. The case was complicated by the issue of whether our client was wearing a seatbelt, with expert evidence suggesting that the brain injury might have been avoided or lessened if a seatbelt had been worn.

Challenges: Now 20 years old, our client has struggled to accept her brain injury and has lacked engagement with therapies and rehabilitation. She is starting a trial period at a residential rehabilitation centre for 6-12 months. Her brain injury means she will never work and will require 24/7 support for life.

Ongoing Efforts: The case highlights the importance of collaboration with the Defendant to enable our client to undergo necessary rehabilitation and gather updated evidence. The matter is ongoing, with efforts focused on moving towards a Joint Settlement Meeting to secure the best possible outcome for our client.