Case Study: £7.2 Million Settlement After a Hit-and-Run Brain Injury in Croydon
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Ben Posford
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Our catastrophic injury team secured a settlement with a capitalised value of £7.2 million for a client who suffered a severe brain injury in a hit-and-run accident in Croydon. The driver fled, but was traced by police, convicted and imprisoned.
This case study sets out what happened, how the claim was resolved, and how compensation is structured when someone needs care and support for the rest of their life.
What happened
Our client, a Polish national, was run over by a speeding driver in Croydon. The force of the impact threw him from the road, over a fence and into a tree outside the flats where he lived with his partner and their two young children.
The driver did not stop. After a police investigation, the driver was tracked down, convicted and sent to prison. A criminal conviction does not provide compensation, though, so a separate civil claim was needed to fund our client’s care and his family’s future.
The injuries our client suffered
Our client sustained a severe brain injury. As a result, he lacks the mental capacity to manage his own affairs, and a deputy was appointed to make decisions and handle his finances on his behalf.
A deputy is a person authorised by the Court of Protection to act for someone who can no longer make certain decisions for themselves. In serious brain injury cases, this protects the injured person and makes sure their compensation is managed in their best interests.
How we resolved the claim
Once liability was established, the case turned to the value of the claim, which is known as quantum. In a brain injury case, this means proving the full lifetime cost of care, therapy, accommodation, equipment and lost earnings.
The claim settled in May 2024. Rather than a single lump sum alone, part of the settlement takes the form of periodical payments. These are guaranteed payments made every year for the rest of our client’s life, and they give families certainty that the cost of care will always be met.
The total capitalised value of the settlement, which combines the lump sum and the future annual payments, is £7.2 million.
This claim was led by Ben Posford, head of catastrophic injury, with Laura Swaine, a partner in the team who specialises in high-value brain and spinal cord injury claims.
What this case shows
A hit-and-run can feel like a dead end, but it does not have to be. Even where a driver leaves the scene, a claim may still succeed once they are traced, and other routes exist where a driver is never identified or has no insurance.
Periodical payments are common in the most serious cases because they remove the risk that a lump sum runs out. If you are supporting someone after a road traffic accident that caused a brain injury, early specialist advice helps secure rehabilitation and interim payments quickly.
How we can help
Our personal injury solicitors handle the most serious brain injury claims, including those arising from road accidents and hit-and-run claims. We act on a no win, no fee basis.
We also have lawyers who speak Polish, Romanian, Bulgarian, Hungarian, Slovak and Spanish, so clients and families can deal with us in their own language during a very difficult time.
Call us on 020 7485 8811 or fill in the contact form below.
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“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
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Laura Swaine handles a range of personal injury claims for clients including brain and spinal cord injuries.
She has particular expertise in claims for brain and orthopaedic injuries.
Sam Collard is recognised for his talent in complex brain and amputation claims, particularly those arising from sporting injuries and accidents.
He also has a niche specialism in claims involving cauda equina syndrome.
Ben Posford regularly represents claimants in neurological injury and fatal accident claims
Ben is fantastic with people, and his clients respect and trust him.
Ben is a powerhouse. He is very engaged in his work, enthusiastic, always on top of development, and passionate about the law and about getting good results for his clients.
Ben is intellectually capable, diligent and incredibly personable. He is always two or three steps ahead of everyone else and is very strategic.
Ben is hugely experienced and his clients love him. He is very sensible but willing to take on tough challenges.
Ben is a 360-degree lawyer; he is good in everything he does. He gets good rehabilitation for his clients and is personable. Clients find him very reassuring.
Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Led by the irrepressible Ben Posford they are a force to be reckoned with.
Ben Posford is a joy to deal with and very knowledgeable indeed and clients always come first.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Ben will fight for his clients and do everything he possibly can.
Ben really is superb. He has a reassuring air about him and clients really like his manner. He is good at negotiating as well as building rapport.
Ben is a real powerhouse and he has a brain the size of a planet. He has an unparalleled ability to win cases.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Ben Posford heads the catastrophic injury team, covers a spectrum of spinal cord and brain injuries, as well as fatal accidents, spanning spinal cord and brain injuries, and fatalities incurred during traffic and workplace accidents.
Sophie Davies is a specialist in major cognitive and lower limb injury claims.
Osbornes covers a spectrum of spinal cord and brain injuries, as well as fatal accidents, spanning spinal cord and brain injuries.
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Stuart Kightley regularly handles cases involving brain injuries, fatal accidents, cycling collisions and workplace accidents.
Sophie Davies specialises in brain injury and lower limb amputation cases.
"Sam Collard is recognised for his talent in complex brain and amputation claims, developing strength particularly in quantum issues and sporting injuries and accidents."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"Ben Posford is singled out for his expertise in high-level catastrophic claims, particularly his handling of devastating brain and spinal injuries"
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