Our client was a young child who was out playing with his friends, when a car which was travelling too fast along a residential street struck him on his right side and in the middle of his back, causing him to fall to the ground.  As he fell the car ran over his foot and then the driver stopped with the car wheel still on his foot.  He sustained a crush injury to his right foot, resulting in abrasions, swelling and a broken big toe which left him suffering symptoms from his injuries for 3 months following the accident.  We were able to recover personal injury compensation for him of £4,500.

A brief summary of events is set out below.

Date of Accident:  June 2013

Time between formal instruction and successful conclusion:  We took on the case in July 2013 and settled it in October 2016.  This case took some time to settle due to the continued denial of liability for the accident and lack of communication from the car driver’s insurance company.

By August 2015, we had received all of our client’s medical records and arranged an examination with a medical expert.  Just a few weeks later, we received a written report from the expert, detailing our client’s injuries and an opinion of his prognosis for recovery.  This enabled us to fully value the claim and with our client’s mother’s permission, we were in a position to release the medical evidence to the opposition and begin settlement negotiations.  As our client was a child, any compensation settlement agreed between parties would be subject to Court approval, with the money being invested by the court until his 18th birthday.

By December 2015, we were no further forward in agreeing a settlement with the insurer’s, who were trying to delay the process further into the New Year and still denied the car driver was at fault for the accident.

Were Court proceedings necessary?: Yes. At the end of January 2016 we contacted the court to issue court proceedings against the opposition and request an infant settlement hearing, in which the court would decide the case.

Was a trial necessary?: No. At the end of August 2016, just two months before the trial date, we were contacted by solicitors representing the opposition with an offer to settle the case, which was several hundred pounds below our initial valuation of the claim.  As the offer would be subject to court approval we sought the advice of a barrister, who felt the court would award more for the claim than was being offered by the opposition.  We therefore put forward an increased settlement proposal to the opposition’s solicitors and were finally able to reach an agreement.  We then had to submit our proposal to the court for approval.  Finally, in October 2016 the court approved settlement of the claim and invested the bulk of the monies until our client’s 18th birthday.

Outcome:   The client secured £4,150 for his injuries and £350 for his financial losses, including travel expenses for his mother who had to take him to several hospital and medical appointments during his recovery period.

Comment:  The driver of the car should have been displaying extreme caution whilst driving along a residential street where children were playing.  If she had slowed down and kept a proper lookout for pedestrians, particularly when crossing the pavement area into the car park, this accident might well have been avoided.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

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