Article

RTA focus - Master Z

TS&P act for an 8 year old boy who suffered a significant brain injury, and other injuries, when he was knocked off his push bike by a car near his home. Master Z suffered from a severe brain injury and fracture to his left femur. Upon arrival at hospital he had a Glasgow coma score (GCS) of 5 out of 15 and was on a life support machine for 9 days at Great Ormond Street Hospital. He has continued to receive care and support and his ongoing symptoms are not limited to but include the following:-

= Poor attention span
= Disinhibitions in respect of danger or fear
= Basic educational skills such as numeracy have been affected
= Alphabet, words and sounds have to be relearned
= Inability to remain continent at night
= Poor short term memory
= Speech impairment
= Visual impairment
= Associated bumps and bruises

As usual with cases of this nature, liability is very much in dispute, with the driver stating that Master Z came out on his bike without warning and he had nowhere to go. However the Defendant, it has since transpired, was driving without a driving licence albeit with insurance. His credibility should therefore clearly be brought into question as a reliable witness.

We are keen to assist Master Z given the serious nature of his injuries. It is felt that there may well be a reduction for contributory negligence in this case but clearly some liability rests with the driver of the motor vehicle. There are significant problems with liability including lack of witness evidence but we will shortly be issuing court proceedings to address the issue of liability first. This will hopefully then lead onto the Defendant’s insurers funding treatment and rehabilitation for Master Z. It is our intention not only to secure such funding for treatment but to consider what care and support package Master Z will need as the years progress. It is likely that input from an educational psychologist will be required regarding Master Z’s schooling, plus he may need support if he is to enter the employment market. We need to use all our skill and experience to ensure the appropriate level of compensation and the best possible package is put together for Master Z, given the likelihood that his damages will be reduced for contributory negligence.

For further enquiries please contact Jonathan Clement (view full profile) on 01892 701264 or email jclement@ts-p.co.uk.

You will require the Adobe Acrobat Reader to read PDF files, this is free to download if you do not already have it. Get Adobe Reader