Case studies

Claim for brain-injured road accident victim against garage which repaired her car

Our client was involved in a head-on collision in which she sustained a very severe traumatic brain injury and spent several months in a coma.

After the accident, it was discovered that there was a defect in the rear brakes of the vehicle that our client was driving and police investigators felt that this could have contributed to the loss of control of the vehicle and, consequently, the collision.

Our client had recently purchased the vehicle and had told her mother that she was getting it serviced before going on her planned journey. The defendant garage serviced her vehicle under a cash transaction and failed either to identify that it had a brake defect on the rear offside wheel and/or to advise her of the problem.

As a result of the defect, of which she was unaware, the rear end of the vehicle swung out when she braked. She was unable to regain control, causing the accident. After many years of rehabilitation, she has made real progress despite the severity of her injuries. With the help and support of a committed team of carers, therapists, a brain injury case manager and her mother, our client was able to move into her own adapted property in 2009 but will remain dependent on a large team of people.

Following a round table meeting, the parties negotiated a substantial settlement for our client to provide the funding she needs to maintain her independent living, predominantly in relation to her care, therapy and support package.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP