Project Description

Ray Hudson acted for this client, a young lady based in Birmingham and in order to claim for personal injury and related losses. The accident occurred in October 2003 when the Claimant was aged just 8 years of age and settled when she was 20.

It is often the case in our experience that injuries involving children can take some considerable time and medical evidence to resolve given the extent of the symptoms that they often suffer from. The Claimant had been involved a road traffic accident and had sustained injury when crossing the road at a Pelican crossing. The crossing lights had only recently been installed and were not working correctly and there was a Lollipop lady on duty. Traffic stopped for the Claimant but she was struck by a car which overtook stationary traffic and hit the Claimant on the wrong side of the road. The Claimant suffered from various injuries which required considerable investigation in order to ascertain the full extent of the injuries sustained.

After some delay the insurers for the car driver ultimately accepted liability. This left the issue of establishing the full extent of the Claimant’s injuries and losses. To do this many medical reports were needed.

The Claimant suffered from a fracture to her left ankle which resolved by around 6 months post-accident and in addition bruising to her face and chest, where recoveries were made by 3 months post-accident. The Claimant also suffered from psychological symptoms with a mild adjustment disorder with mixed anxiety and mood disturbances which lasted for 2 months. She sustained a small cut to the left side of her upper lip and also dental injuries including a tooth fracture, with root canal treatment undertaken. It was important to monitor the Claimants continuing symptoms and in particular her dental injuries and the need for further treatment. An updated report from 2014 showed that the Claimant required further treatment including an apicectomy which would require a dental implant carrying a crown and was likely to need replacement at a later date.

A report from a Neurologist was also obtained as the Claimant suffered from a mild traumatic brain injury with concussion and the view of the Neurologist was that he attributed headaches arising out of the accident for a period of up to 10 years.

The Defendant put forward earlier offers of £12,500.00 in 2013 and £20,000.00 in 2014, both offers were rejected upon our advice. Ultimately the Claimant decided to accept an offer of £40,000.00 which was not specified by the Defendant in terms of how it was apportioned but probably amounted to around £20,000.00 for the injury element of the claim and a further £20,000.00 for domestic help and expenses. The largest element of the expense claim was for expected future dental costs in relation to which the Claimant recovered around £19,500.00 and in addition a recovery was made in relation to domestic help of up to £500.00 and travel costs incurred which were estimated at around £15.00.

Ward and Rider acted for the Claimant on a no win no fee basis and the Claimant made a recovery of all of her damages in the sum of £40,000.00.