Medical Negligence

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Brain damaged man awarded £4m

View profile for Malcolm Underhill
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Jack Mitchell, 23-years-old, has been awarded a £4.3m care and support package following a car crash in 2009 that left him with severe brain damage. At the time of the accident Mr Mitchell was studying to become an electrician and was working part-time for a supermarket. He was a passenger in a car driven by his friend, who swerved to avoid a fox. The compensation settlement was agreed with Mr Mitchell’s insurers and approved by a High Court judge. 

Family felt “let down”

Car Crash

The family said they felt they were failed by the system at the time because Jack, who suffered traumatic injury to the frontal lobe of his brain, spent three months in hospital but only three weeks in a specialist rehabilitation centre. They believed that the serious behavioural and personality issues that Jack displayed after the accident were not being addressed.  Frances Mitchell, Jack’s mother, commented: “It is absolute agony to see your child suffer a brain injury and to watch them struggle every day. Before his accident, Jack was a fit and healthy, motivated young man, hoping to qualify as an electrician and working part-time at Morrisons. Since the accident, we’ve had to come to terms with the fact that we have lost the Jack we knew and our lives will never be the same again. We are hugely relieved and happy that the case has now been settled and we can try and draw a line under the past six years and continue with Jack’s rehabilitation and recovery.”

If you want to enquire about making a brain compensation injury claim, please contact one of our head and brain injury solicitors on 0333 123 9099. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to and one of our team

Being followed

The Mitchell family also described in court their terror when they realised they were being followed by two men they later found out were private investigators carrying out secret surveillance work to prevent fraudulent claims. Mrs Justice Whipple described the agreement as a “reasonable compromise” and said she hoped Mr Mitchell and his family would now be able to purchase any additional help they needed. The court heard that Mrs Mitchell had decided that the personal payout she was entitled to as a result of the accident should also go to her son.

Jack Mitchell is now living independently, but has daily help. Although he has gained some college qualifications he has been unable to undertake paid employment since the accident. 

Over 1m people in UK living with brain injury

According to the brain injury charity Headway, there were 348,934 UK admissions to hospital with acquired brain injury in 2013-14. That is 566 admissions per 100,000 of the population. Men are 1.6 times more likely than women to be admitted for head injury. However, female head injury admissions have risen 24% since 2005-6. The United Kingdom Acquired Brain Injury Forum  (UKABIF) estimates that over one million people live in the UK with the effects of ABI at an estimated minimum cost of £4.1bn.

For information relating to making a possible claim, contact one of our specialist personal injury solicitors. We are based in West London but cover all surrounding areas. To enquire about making a compensation claim please contact a member of our team on 0333 123 9099. Alternatively, you can send an email to or complete our online enquiry form.​.

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