Article

RTA focus - Miss X

Thomson Snell & Passmore (TS&P) were instructed by Miss X through her family following a road traffic accident (RTA) when Miss X was nearly 12. She was on her way home from school and was crossing the road directly opposite her house when she was hit by a car.

Miss X was knocked unconscious and cannot remember anything about the incident itself or indeed the time leading up to the incident. She arrived at hospital with a Glasgow Coma Score (GCS) of 6 out of 15. It is estimated that she suffered from post traumatic amnesia for 8 days following the accident placing her brain injury into the bracket of severe. Her traumatic brain injury has unfortunately resulted in Miss X suffering with cognitive, emotional, social and everyday functioning problems. This has, on occasion, manifested itself in self harm and Miss X has required ongoing treatment.

The Defendant through her insurers initially denied liability for the accident on the basis that Miss X had stepped out in front of the driver. However upon further analysis of the facts by TS&P it was apparent that the Defendant had driven that route on numerous occasions. Therefore she was well aware that there was a school in the vicinity and that school children were likely to be crossing the road. It transpired that she had seen Miss X but had not slowed or indeed covered her brakes, sounded her horn or taken any action to avoid the impact.

TS&P put the evidence to the Defendant’s insurers and were very pleased to reach an agreement in respect of liability on a 50/50 basis, i.e. with both the driver and Miss X sharing the blame for the accident equally. This means that Miss X will receive 50% of damages she could recover for this claim. Given the lack of witness evidence and the fact that Miss X could not provide any insight as to actually what occurred, this was seen as a significant result. Even by securing only 50% liability this will still ensure that Miss X receives a significant sum of compensation which will assist in rehabilitation/ treatment and support in light of her injuries and ongoing symptoms.

The agreement on liability has enabled us to seek further medical evidence leading to further treatment for Miss X which has been funded by the Defendant’s insurers. Given that Miss X’s award of damages will be reduced by the agreed 50% our challenge is to ensure that Miss X is properly compensated and has sufficient funds to meet the ongoing care and support that she will require for the rest of her life. Undoubtedly we will require specialist financial advice so that some of Miss X’s damages can be invested for her future.

Miss X is trying to rebuild her life having spent the years following the accident attending a hospital school. She is attending college and we have secured the services of an educational psychologist to assist. If she is then able to consider working in the open employment market, albeit with support, we will be utilising the services of a vocational occupational therapist in this respect. It is, however, highly unlikely that Miss X will live independently and she will continue to require support. Miss X may also require the involvement of a professional receiver to administer her award in the public guardianship office/Court of Protection. We are fortunate as a firm that we have a specialist department dealing with such matters and indeed are able to call on the services of Eddie Fardell, Partner, who is a professional receiver approved by the Court of Protection. This case is by no means at its end and there is a long way to go to ensure Miss X has care and support in place together with any further treatment for the rest of her life. However, the success in persuading the Defendant’s insurers to concede liability, albeit on a 50/50 basis, has meant that such treatment, care, support and rehabilitation can now realistically be achieved.

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

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