The claimant, known as TWD, was just eight years old when he was struck by a bus while crossing a road near a zebra crossing in Grimsby in 2005. Although initial police reports suggested the bus was within the speed limit and that TWD had run into the road unexpectedly, his life was forever changed by the serious head injury he sustained. 

TWD’s mother initially sought legal advice but was wrongly told her son had no claim. It was only years later, when TWD developed epilepsy linked to his brain injury, that she returned for help—this time to Helen Shakespeare, a specialist serious injury solicitor at Thompsons. 

Although liability was denied for over a decade, Helen investigated liability thoroughly, tracing witnesses and interviewing them.  She instructed barrister David Knifton KC, who argued that the bus driver should have slowed down—especially with children visible nearby. Expert evidence revealed the bus was likely going faster than initially believed, and the collision might have been avoidable with better caution. 

The bus company not only denied responsibility but even blamed TWD’s mother for failing to supervise him near the road. It wasn’t until 2019—14 years after the accident—that they finally accepted fault. 

Because of the lengthy dispute, TWD didn’t receive any rehabilitation or support until he was 22. By then, his rehabilitation had been severely delayed, affecting his long-term recovery.  He now lives with epilepsy, hearing loss, and cognitive issues, which impact his confidence, independence, and quality of life. 

Despite support from medical and therapeutic specialists, TWD continues to struggle with anxiety and isolation, needing ongoing support. 

In 2023, initial offers of £1.5 million and £1.72 million were made.  TWD tried to accept the offer of £1.72m due to high anxiety about the litigation.  However the judge refused to approve the settlement.  Despite having accurately valued the case in 2023, it was only 2 years later in April 2025 that the defendants agreed to mediation.  At mediation  the defendants agreed to a £2.9 million compensation settlement, which was approved by a judge this week. The court praised the agreement as vital for helping TWD live “a happy and fulfilled future.” 

Helen Shakespeare, Partner and Principal Serious Injury Solicitor at Thompsons, said: 

“This case highlights the significant impact that a prolonged denial of liability can have on injured individuals and their families.  The defendant’s refusal to engage meaningfully in settlement negotiations until very late in the day further prolonged that distress for TWD. TWD’s mother demonstrated enormous tenacity in ensuring that TWD sought specialist legal advice on liability allowing this to be resolved after years of denial and despite earlier legal advice that TWD’s case was unlikely to be successful.  The delay in securing early rehabilitation and support undoubtedly affected TWD’s long-term recovery and quality of life.  Despite everything, TWD and his family have shown remarkable strength and dignity throughout this process, and I am delighted that he now has the opportunity to move forward with the support he deserves.” 

David Knifton KC added: 

“I am delighted finally to have secured the right outcome in this long-running case.  If only the Defendants had been willing to fund rehabilitation or to negotiate a suitable compromise at a much earlier stage, TWD’s recovery would have been much better.  As it is, he and his mum deserve nothing but praise for having the courage and resilience to see the case through to its conclusion, despite so many setbacks along the way.  It has been a real privilege to represent them. I wish him every success for the future.” 

 

How We Can Help After a Brain Injury 

If you or a loved one has suffered a traumatic brain injury or serious injury in a road accident, we can help you get the compensation and support you deserve. Our dedicated serious injury solicitors have decades of experience in complex personal injury claims, including those involving long-term care and rehabilitation. 

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