How legal support helped Louise’s family plan for her future
Louise was born prematurely more than ten years ago and has grown up with cerebral palsy, needing care and support with everyday life. Her family’s journey began before she was born, when her mother, Claire, was 26 weeks pregnant and involved in a serious road traffic collision. What initially appeared to be an incident Claire had escaped without serious injury would have lifelong consequences for Louise and her family.
Claire had been sitting in the front passenger seat, with Louise’s father driving, when the collision happened. She soon developed significant bruising across her stomach from the seatbelt and began experiencing pain and bleeding. Most worrying was that she could no longer feel her baby moving.
At hospital, Claire underwent tests to check on her unborn baby. The results appeared reassuring and she was discharged the following day. But her discomfort continued and, less than two weeks after the collision, she went into premature labour.
With the baby positioned either breech or sideways, doctors carried out an emergency Caesarean section and Louise was born.
As Louise developed, her parents became concerned about her health. She was found to have significant brain damage and was later diagnosed with cerebral palsy.
The condition has had a profound effect on Louise’s life. She requires extensive care and support and will not be able to live independently as an adult. For her family, that meant having to think not only about what Louise needed as a child, but how she would be supported throughout her life.
They turned to Consumer Legal Association member firm Fletchers Solicitors for help.
Although responsibility for the road traffic collision was not disputed, Louise’s case was complex. Fletchers needed to establish that the collision had caused the injuries which resulted in her cerebral palsy.
The legal team brought together evidence from specialists across several fields, including neurology, neonatology, neuroradiology and paediatric gynaecology. Care and housing experts were also involved to understand the practical support Louise would need in the years ahead.
Importantly, the family did not have to wait until the legal case had concluded before that support could begin.
Fletchers secured interim payments from the defendant’s insurer, allowing a package of care and therapy to be put in place for Louise while the claim continued.
This included physiotherapy, occupational therapy, speech and language therapy and home learning. Her wider needs were also considered, including specialist equipment, appropriate housing and the level of care she would require as she grew older.
The focus was on giving Louise the best possible quality of life while also providing her family with greater security about how her needs would be met in the future.
Fletchers ultimately secured a substantial seven-figure settlement for Louise through negotiation, without the case having to go to trial.
A Personal Injury Trust was established for her compensation, and a professional deputy was appointed by the Court of Protection to manage Louise’s funds in her best interests. That arrangement continues today, helping to ensure the settlement remains available to meet her needs throughout her life.
For Louise and her family, the legal claim could not change what had happened. But it could make a meaningful difference to what came next.
The settlement means Louise can continue to access the specialist care, therapies, equipment and practical support she needs, while giving her family greater certainty that she will be supported in the years ahead.