Our client’s parents were distraught that our client had been hit. An ambulance was called and he was admitted into hospital and had fractured his leg. He had an operation; having a rod and screws put in his leg and had to stay in hospital for 4 days. When returning home, he was on bed rest for a month.

Our client had follow up x-rays and unfortunately, the fracture was not healing as was hoped and he, therefore, underwent a further operation where the rods and screws were removed and new metalwork positioned. After some time and physiotherapy, he underwent a third operation to remove the metalwork and was back to his normal activities after 3 weeks of this third and final operation.

The driver of the car denied liability, stating that our client had walked into the path of him and he had no opportunity to brake. The driver also relied on comments made by the police that stated the accident took place due to pedestrian error.

How We Helped

The accident took place on a residential street. The area was built up with parked cars and some of the carol singers had crossed just before our client was hit. We argued that in these circumstances, the driver should have been more vigilant and driven slower given the fact that pedestrians had just crossed the road. We issued Court proceedings and the driver’s Solicitors maintained the denial of liability that the driver had not been negligent.

Outcome

The case settled with the Solicitors agreeing to pay the sum of £4,500 for the injuries sustained by our client. This represented about 20% of the full value of the claim. As our client was a child when the offer was received, the case had to go before a Judge for the Judge to approve the offer of £4,500 and whether this was a reasonable sum taking into account the accident circumstances, the evidence available and the injuries sustained.

The Judge commented that the accident was one that some Judges may find that the driver was not to blame; the accident was just an accident and no wrongdoing on the driver so our client could receive nothing. However, as an offer has been made, he was happy with the sum and approved the sum.