£10,777 for a child's injuries riding in a pushchair

£10,777 awarded to child suffering pushchair injury following a road traffic incident.

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Case details

The claimant was sat in his pushchair on the pavement when a collision occurred between a car and a motorbike. The collision resulted in the motorbike mounting the kerb and hitting the claimant. The claimant was only 3 years old at time of the accident. Liability for the accident was not in dispute.

Injuries and Progression

The claimant was taken by ambulance to hospital. He was suffering from a deep laceration to his forehead. He also had some grazes to his face. It was decided as a safeguard to keep him in hospital that night. The laceration was cleaned and stitched the following day. In view of the claimant's age he was taken to the operating theatre to have a general anaesthetic to allow the wound to be stitched. The claimant was allowed to go home as it was thought it would be less distressing for him to recover at home than remaining in hospital.

The claimant was followed up by the hospital 7 days later where it was noted that the claimant was improving. He had been complaining of headaches for which he took painkillers. The scar was tender for sometime. It had to be kept moist to aid recovery.

Settlement

The claimant's and defendant's solicitors entered into negotiations to try reach an amicable settlement. However, court proceedings became necessary. By the time the matter had reached a court hearing the claimant was then aged 7 years of age. The Judge noted that the claimant had been left with a permanent scar to his forehead. Even though this scar had faded in the 4 years between the accident date and the trial it was still noticeable. It would not improve any further.

The claimant was conscious about the scar particularly at school. The Judge considered the medical evidence obtained in support of the claim. He was able to view the scar at close distance. He also considered the Judicial Guidelines for scarring. The Judge awarded in the region of £10,000 for the claimant's pain suffering and loss of amenity.

The total award allowing for additional expenses was £10,777. All monies were to be invested in the Court until the claimant reached the age of 18.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.