Traumatic brain injuries can be so severe that no amount of compensation can return a life to what it was. Yet with empathy, dedication, and a skilled approach to recovering losses, our lawyers ensure clients and their families get the monetary support and extensive rehabilitation to move forward with their lives in as much comfort as possible.
Sadly, however, serious injury claimants can and do succumb to their injuries. In this recent case, our serious injury lawyer Jeff Sparke was on the verge of winning £850,000 compensation for our client who suffered a traumatic brain injury in a road traffic accident, until he tragically passed away.
Jeff showed unwavering support to the family following the client’s death and engaged his legal expertise to achieve a total of £470,000 compensation for them. Here we explore this highly complex case, highlighting Jeff’s steadfast commitment to a family who faced unimaginably tough circumstances.
What caused the road traffic accident?
A family member was driving his sister and nephew home after a gig, when he pulled over on the side of an A road to use the toilet. The man returned to the vehicle with his nephew asleep in the passenger seat and his sister in the rear. At the same time, a passing HGV driver momentarily took his eyes off the road as he placed a drinks bottle below his dashboard, before crashing into the stationary vehicle on the side of the road.
Although the nephew had his seatbelt on, the impact caused catastrophic injuries including multiple fractures to the body and a traumatic brain injury. He entered into a coma and was airlifted to hospital from the scene. He was completely unresponsive and, when examined by the attending paramedics, he was assessed to have a Glasgow Coma Scale of 3.
The nephew was left tetraplegic, incontinent, and couldn’t feed or take care of himself in any daily activities, requiring 24-hour care. Initial seizures were eventually controlled although he remained in a prolonged disorder of consciousness – and, more specifically, a minimally conscious state (MCS-). His partner and mother regularly attended hospital and shared care responsibilities; however, his partner decided to part ways and move back to her home country of Poland with his son.
Before departing to Poland, the partner and the mother decided to raise a claim on behalf of the victim for his losses and injuries. This is where Optimal Solicitors stepped into action, assigning Jeff to the case.
How do I know if my road traffic accident qualifies for compensation in the UK?
Before we go into the progression of this case, here’s some key information to help you understand the basics around claiming for personal injury from road traffic accidents.
| Requirement | What it means for you |
| You were involved | You were a driver, passenger, pedestrian, cyclist, motorcyclist, or other vulnerable road user at the time of the accident. |
| You were injured | Medical evidence must link a physical or psychological injury directly to the accident. |
| Someone else was at fault | A third party – usually another driver – breached their duty of care (e.g. speeding, using a phone, or failing to stop at a crossing). Even partial blame on their side can be enough. |
| You’re within the legal time limit | Most adults have three years from the accident (or from discovering an injury) to start court proceedings.
• Children:Children have three years from their 18th birthday in which to start court proceedings. • Lack of capacity/serious brain injury: The limit can be paused until capacity returns. |
Should you choose to make a claim with legal representation, your solicitor will send a letter of claim to the defendant’s insurer. An investigation and confirmation of responsibility takes place within three months, followed by a court process if needed where your solicitor will seek for you to be awarded maximum compensation.
Building a strong claim
No time was wasted in submitting the first letter of claim. However, liability was not admitted, and an ongoing criminal prosecution of the defendant created added pressure. Meanwhile, Jeff continued to prepare a strong case for our client. This included arranging assessments from neurorehabilitation doctors, who determined that our client was emerging from his MCS- to MCS+ as he regained the ability to make certain movements and noises with his eyes, hands, and mouth.
The defence attained their own neurorehabilitation report, from which they agreed that our client had regained consciousness but argued that he will never regain any ability to communicate his needs. Despite proof that our client was moving out of MCS-, the defence were continually dismissive of his progress and were reluctant to award any compensation.
In Jeff’s relentless pursuit of justice for our client, he and the doctors explored more avenues for proof of recovery, pushing for a SMART report – a modern, structured solution for attaining clearer clinical readings. This was met with pushbacks from the defence, so a ‘way forward’ meeting was organised between the defence solicitors and our legal team to move the case along. Here, Jeff’s persistence and determination paid off, as he persuaded the defence to not only provide £20,000 for a SMART report but also admit liability for the incident.
Securing compensation
Our client continued to make improvements over time, all the while with his mother by his side. He kept in contact with his son in Poland via an iPad, which he also used to play digital instruments on. He also regained some use of his limbs – pointing towards a progression out of his MCS-. Yet even with this evidence, and the findings from the SMART report, the defence were still dismissive of our client’s progression.
Cases like these can be complex, frustrating, and deeply upsetting for the client and their family. It’s our job to be patient, supportive, and thorough in our approach to building the strongest possible case. Jeff demonstrated this perfectly, collating extensive evidence, losses, and treatments to put forward. He arranged a conference with barristers in Yorkshire, which he personally travelled to and stayed overnight for. Here, Jeff ensured our client gained justice for his life-changing injuries. Backed by watertight evidence, he secured a Part 36 offer of £750,000. With further negotiation referring to his intricately built case, Jeff managed to increase the value to £850,000.
However, during these negotiations, our client was sadly rushed into hospital and put onto palliative care with gallbladder and breathing issues. He tragically lost his fight and passed away in the hospital. This news utterly devastated Jeff and the client’s family. The previously agreed compromise of £850,000 was subsequently withdrawn, as there was very little time between acceptance and the unfortunate demise of our client. Now, Jeff’s attention turned to the family, doing everything in his personal and professional power to achieve the optimal outcome.
Post-fatality support
Jeff attended our client’s funeral on behalf of Optimal Solicitors and connected with his family. It was now his mission to pivot his support and legal services with a renewed claim under the Fatal Accidents Act 1976 for the son and the Miscellaneous Provisions Act 1934. This involved several more joint meetings and counsel with barristers.
There were also complex jurisdiction issues to manage. The deceased client died without a will, so we needed letters of administration from the mother and the ex-partner on behalf of the son. Part of this process required the son to get a new passport, but the son was born in the UK, his father was Lithuanian, and his mother is Polish. The lack of his father’s signature complicated and delayed matters further with the authorities.
Going the extra mile for the family
Jeff worked tirelessly to prepare a huge 12-page schedule of loss. In his relentless pursuit of maximum compensation, he went the extra mile to research similar cases where the court did and did not allow certain aspects to be compensated for. By pulling the positives from each case and forming counter-arguments for the negatives, Jeff constructed an argument in such a way that would massively improve his chances of getting all damages approved.
Losses attempting to be reclaimed included:
- Loss of earnings
- Cost of SMART report
- Travel expenses
- Care and assistance award
- Loss of pensions
- Funeral expenses
As for the client’s son, Jeff put forward a claim for financial dependency and helped organise a trust fund for any compensation to be administered at the age of 18. Jeff went above and beyond most practitioners, claiming for an exhaustive list of losses for future services that his father can no longer provide. This included contributions towards:
- Birthdays
- School memberships
- Clothing
- Gifts
- University
- Mortgage
- Wedding
- Other general parental services
In addition, Jeff argued that the son would also be missing out on the emotional services that his father would have provided throughout his life. No stone was left unturned for the client’s mother or his son, and as a result of persistent negotiations and determination, Jeff managed to achieve a total compensation package worth £470,000 – an increase from an initial offer of £250,000.
Outstanding support towards an optimal outcome
Jeff isn’t just a highly skilled solicitor – he is someone who provides genuine empathy and understanding to clients and their families. His sincere emotion drives him to go above and beyond to achieve maximum compensation and comfort for all involved.
In addition to the above, Jeff went out of his way to:
- Work with Hull County Council to retrieve benefits that they held for the deceased client and for funeral costs
- Liaise as a go-between with the police and the family around an additional conviction for the defendant of Death by Careless Driving, including meetings with the Crown Prosecution Service, translations, and location of the body following the client’s death
Jeff’s outstanding work on the case was hugely appreciated by our client’s extended family. The funeral congregation all took the time to thank him personally at the service and the wake. The mother also sent a thankful email to him following the outcome of the claim. He even received congratulations from the barristers on his ingenuity that led to such an extensive award of compensation for the family.
Here’s what Jeff had to say about the case:
“Our job is very process-driven, and some solicitors don’t allow empathy to affect their judgement. But in this case, it drove me to explore new areas, cross-referencing old cases and massaging failures to work in our favour. This journey was a rollercoaster for all, but I hope the positive conclusion of this case provides the client’s mother and son some closure to this tough chapter of their life.”
Justice beyond compensation
Achieving maximum compensation is vital to ensure our clients and their families can move on with their lives in the most comfortable way possible. However, the support provided along the way is also vital in helping them navigate highly complex and emotional legal proceedings. In this case, the family of the deceased will always remember how Jeff supported them through a deeply traumatic period.
This is where Optimal’s personal injury solicitors shine – providing expert legal advice, simplifying jargon, and offering sincere human support to minimise stress and get the necessary help for recovery.
We guarantee:
- No-win, no-fee representation
- Expert legal advice tailored to your case
- Proven success in securing maximum compensation
Take the first step towards justice. Contact us today.
