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Case Study - Passenger Brain Injury with Driver DUI

Kaylah was aged twenty six months when she sustained a severe brain injury in a motor vehicle accident which caused the death of her six year old brother. 

A claim was made against Kaylah’s mother, being the driver of the vehicle. 

She was also prosecuted by the NSW Police Service for culpable driving causing death or grievous bodily harm whilst under the influence of alcohol. 

This case raised very delicate issues. 

Kaylah continued to reside with her mother and understandably, Kaylah’s mother found the claims process in relation to her daughter to be confronting, being a constant reminder of the loss of her son and her involvement in the circumstances of the accident causing permanent damage to her daughter. 

This resulted in Kaylah’s mother discontinuing communication with my firm and essentially going into hiding for a number of years. 

It was a difficult challenge, but through persistence, we were able to locate Kaylah’s mother and provided the support and encouragement to obtain her cooperation in assisting to progress Kaylah’s claim to successful resolution by settlement in the sum of $1,800,000.00 plus costs.

This claim was settled on instructions from the Public Trustee.

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