£3,020 awarded for injuries to internal organs
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The claimant was a seated belted passenger travelling in the back of the defendant's car. The defendant drove in a negligent manner which resulted in a head on collision with an oncoming vehicle. The defendant did not dispute fault for the accident.
The only issue between the parties was the extent and value of the claimant's injuries.
Injuries and Progression
The claimant was taken immediately to hospital complaining of pain to his abdomen. He was kept in hospital for 5 days during which he had a CT scan (Computer Tomography) which revealed he was suffering from a ruptured spleen.
It was decided by hospital doctors that they would not need to remove the claimant's spleen. The medical team considered the best course of action to be bed rest. The claimant was transferred to a specialist children's hospital. In addition to the bed rest the claimant received fluids via a drip. Over the period the claimant was in hospital he began to improve.
Following discharge from hospital the claimant remained away from school. The claimant was back playing football within 8 weeks of his accident. No long term complications were anticipated in the future.
The claimant's and defendant's solicitors entered into negotiations to try reach an amicable settlement. However negotiations broke down and the claimant's mother instructed solicitors to commence County Court proceedings. The matter reached court approximately 12 months after the claimant's accident. The claimant was awarded just over £3,000 for his pain suffering and loss of amenity by the Judge.
Additional nominal expenses were also awarded. The damages were then invested in the court, accruing interest. Once the claimant reaches the age of 18 the court will then pay out damages to the claimant.
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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.
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