Serious Injury Lawyers Support Headway’s Action For Brain Injury Week

By Suzanne Rutter

The mum of a nine-year-old girl who suffered a serious brain injury in a road traffic collision two years ago hopes her daughter’s case will highlight the importance of getting victims quick access to the best possible care and rehabilitation to speed up their recovery as the country marks Headway’s Action of Brain Injury Week.

Jayde Davies, from Crewe in Cheshire, was just six years old when she was struck by the driver of a car as she ran across Badger Avenue in Crewe after she had been playing in a nearby park with a friend.

She suffered a life-changing brain injury in the crash which has left her profoundly disabled and in need of 24-hour care.

At a trial at the High Court in Manchester a Judge ruled that the car driver was fully responsible for the accident, meaning that the driver’s motor insurers are responsible for  compensating Jayde for her injuries, which means the youngster can finally start to access the specialist care and rehabilitation she needs.

Expert serious injury lawyers at Irwin Mitchell are securing interim payments of damages to help Jayde’s mum Linda Gould fund specialist nursing care, a wheelchair and other equipment to help improve her quality of life and speed up her recovery. Linda also hopes to purchase a specially-adapted house more suitable for Jayde’s needs in the near future.

Linda hopes her battle to help Jayde get access to the care and resources she needs will help raise awareness of Headway’s Action For Brain Injury Week, which takes place between 13 and 19 May, and will help other people suffering similar ordeals come to terms with their injuries.

Matt Brown, a serious injury lawyer at Irwin Mitchell’s Manchester office representing Jayde and Linda, said: “The past two years have been incredibly challenging for Linda as she’s had to come to terms with the devastating injuries her daughter suffered in the crash.

“We know from working with clients like Jayde and their families whose lives have been affected by a brain injury how important it is to have access to the best possible advice, care, rehabilitation and specialist support to help them overcome their injuries.

“Sadly, the defendant’s insurers denied liability for Jayde’s injuries for two years and ignored all our requests for financial assistance, even when she desperately needed access to private rehabilitation and a specialist wheelchair. The delay caused her unnecessary suffering in what was already a traumatic and stressful situation. It’s crucial for brain injury victims to get access to rehabilitation as soon as possible to aid their recovery – this short window of opportunity closes as time goes on.

“We can’t turn back the clock but now we’ve got the right result at court we can finally help Linda and Jayde start get their lives back on track.”

Jayde, a pupil at Hebden Green School in Winsford, spent three weeks on paediatric intensive care and a further seven months at Alder Hey Children’s Hospital before finally being discharged home in December 2011.

Her mum Linda, aged 33, said: “Seeing your child hurt in a road accident is every parent’s worst nightmare and the past two years have been an emotional rollercoaster trying to come to terms with her injuries and fighting to get access to the care, specialist rehabilitation and equipment I knew she needed.

“As Jayde’s condition gradually improved I could see that she was frustrated and wanted to play with her sister and friends and take a more active role in her classes at school.

“But the fact she was reliant on a manual wheelchair really held her back because she couldn’t manoeuvre it herself and it was too heavy for her sister to push. She wanted to be just like all the other children and didn’t want me pushing her around all the time. It was heartbreaking seeing a glimmer of the old Jayde returning but on the other hand knowing she didn’t have a motorised wheelchair or accesses to the rehabilitation to really kick-start her recovery.

“It has been a two year battle against the insurance company, but we are relieved and happy the court ruled has in our favour. It means we can finally start to move on with our lives and put all our energy into helping Jayde progress, in the knowledge that her future care will be met.

“Headway’s Action for Brain Injury Week is so important because it shows what families like mine are going through and how crucial it is to get quick access to the right rehabilitation, support services and charities.”