Kealey was just 10 weeks old when she was involved in a road traffic accident. She was travelling in a carrycot in her parents’ car when the car was involved in a collision at speed with the defendant’s car.
Following the collision Kealey’s Mum described Kealey’s eyes as rolling and she was unresponsive. When lifted out of the carrycot she seemed lifeless and floppy.
Kealey was taken as an emergency to hospital where it was discovered she had a fractured skull with underlying brain damage together with other injuries.
Early medical opinion was that Kealey had made an excellent recovery but, as time has gone on, it has become clear that she has difficulties attributable to the early brain injury.
Kealey’s compensation claim was initially dealt with by another firm of solicitors. They sought to settle the case in 1995 for £4,000.00 with the proviso that Kealey could return to Court in the event of suffering a serious deterioration in her mental development. Fortunately, the District Judge who dealt with the hearing declined to approve settlement which led Kealey’s parents to seek alternative solicitors. At this point the case was transferred to Irwin Mitchell.
Kealey’s case is ongoing. There is no doubt that to have settled the case for £4000 would have been a gross undervaluation of the compensation that Kealey deserves.
Childhood brain injury is little understood by the legal profession and all too often cases are settled too soon. It is only as a child develops (and their brain develops) that full effects of a brain injury are known.
Kealey and her parents are very relieved that they changed solicitors. When they first met Caroline Mitchell of Irwin Mitchell, they were amazed to be told that they should wait many years before contemplating settling Kealey’s case but having this explained to them, they understood why. They realised how little their former solicitor knew about handling a case such as Kealey’s.
Kealey is doing really well and this is a reflection of her own hard work, support from her family and also the support provided through the claim.
This case highlights the need to contact specialist solicitors with experience of child brain injury claims. Medical records often refer to children making an “excellent recovery” but this doesn’t tell the whole story, as difficulties can emerge as the child grows up.