Fieldfisher secures significant liability settlement in brain injury claim

A man with a traumatic brain injury from a car crash has secured a liability settlement to fund lifelong care and support.

Keith Cundall and Francesca Farrelly of Fieldfisher represented Ben in the case.

The man, referred to as Ben, was 18 when he suffered catastrophic injuries while travelling as a front passenger in a car driven by a friend.

The vehicle was travelling at speed when it left the road and hit a tree. It caught fire and both men were initially trapped before members of the public rescued them.

The collision left Ben with profound cognitive and communication difficulties.

He lacks capacity to make decisions about his welfare and instructed law firm Fieldfisher to pursue a claim through his brother, who acts as litigation friend.

The insurer contested the claim, admitting the accident was caused by the driver’s manner of driving but denying liability based on ex turpi causa, a legal principle meaning “from a dishonourable cause”.

It alleged Ben was involved in criminal activity, claiming he and the driver had jointly planned to race or drive dangerously.

The insurer also alleged contributory negligence, arguing Ben allowed himself to be carried in the vehicle knowing the driver had only a provisional licence and intended to drive dangerously.

To pursue these allegations, the defendant obtained extensive disclosure orders, including access to Ben’s electronic data from his telephone, Facebook account and PlayStation.

These steps delayed proceedings by nearly two years but produced no evidence to support the insurer’s case.

Shortly before trial, the defendant abandoned its allegations.

Liability was agreed at 95/5 in Ben’s favour, securing his right to damages for lifelong care and support.