£250,000 compensation for skull fracture in road accident

A fractured skull sustained in a road traffic accident at the age of 12 led to brain injury compensation of £250,000 being awarded to an 18 year-old man for the brain injuries caused.

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Brain injury claims

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Case details

Injury details

At the age of 12 the claimant was walking in a pedestrianised area. The defendant rode his scooter through as a short cut. The defendant collided with the boy at around 16-18mph.

The boy was knocked unconscious. He was taken to hospital by ambulance. Emergency care included intubation. He was admitted to intensive care.

The injuries were diagnosed. He suffered a fractured skull, a small right subdural collection of blood and a small haemorrhagic contusion to his brain.

A subdural screw was inserted in his skull to alleviate pressure on his brain. This was removed five days later. After six weeks in intensive care he was moved to a paediatric ward. He had four further weeks of rehabilitation before being discharged.

After being discharged from hospital the claimant was able to return to his education. He had problems with his memory and attention. He could be distracted easily and impulsive. He was at risk of epilepsy and suffered regular headaches.

He continued in his education and by the age of 18 had reached the same level as if he had not had the accident. He was able to start the career he wanted without impairment.

Allegation

It was alleged the defendant was negligent insofar as he rode his scooter in a dangerous manner causing a collision with the claimant.

The claimant suffered a head injury as a result. His skull was fractured.

His development was hindered for a period of time. He was left with permanent effects to his personality and behaviour.

Conclusion and settlement

Liability was admitted and the case did not progress to a Court hearing.

Compensation of £250,000 was accepted by way of an out of Court settlement.

£45,000 of the damages was attributed to "pain, suffering and loss of amenity."

Future loss of earnings was agreed at £180,000.

£25,000 was accepted for care costs, travel expense and miscellaneous expenses.

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Author:
Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.