Car Accident Compensation Claim

Ll V Jsb Transport (2004)

Out of Court Settlement 9/3/2004

The claimant, an 18-old-woman, received £27,500 for the knee and facial injuries sustained in a road traffic accident in December 1999. The claimant suffered an anxiety disorder relating to travelling as a passenger in a car, and mood disturbance as a result of her facial scarring.

Claimant: Female: 14 years old at date of accident; 18 years old at date of settlement.
Road Traffic Accident: On 6 December 1999, the claimant was sitting in the back seat of a car being driven by her mother when a lorry, being driven by an employee of the defendant, pulled out of the left-hand lane of the motorway on which both vehicles were travelling. The claimant's mother attempted to take an evasive action but lost control of the car, which swerved across the right-hand lane, striking the central reservation and rebounding across all three lanes, coming to a halt on the hard shoulder.

The claimant sustained injury and brought an action against the defendant (D1) alleging that its employee (D2) was negligent in his driving, which caused the accident.

Liability admitted. Initially, D2 disputed liability and as a result the claimant and her mother required separate representation, however after further discussion, D2 admitted liability.

Injuries: The claimant lost consciousness and sustained a severe laceration to her forehead and a soft tissue injury to her knee in the accident.

Effects: The claimant's forehead wound healed well, however, three years after the accident the claimant was left with a thin white scar line, which was between 8 and 10cm long and stretched down from the left hand side of her forehead, through her eyebrow and back towards her temple.

The claimant was constantly aware of the scar and subsequently changed her hairstyle to disguise it. The claimant suffered an anxiety disorder relating to travelling as a passenger in a car and mood disturbance as a result of the scarring.

Prognosis: The claimant's scarring was permanent. Her ongoing symptoms were not severe and would reduce over time.
Out of Court Settlement: £27,500 total damages.

Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the claimant's solicitors estimated the following breakdown:

Breakdown of General Damages: Pain, suffering and loss of amenity: £26,500.

Special Damages: £1,000.

Body Part: Face - Forehead - Head - Knee - Lower Limbs - Legs

Condition: Scarring - Facial Scarring - Scarring To The Face - Knee Injury - Knee Injuries - Loss Of Consciousness - Severe Laceration - Facial Laceration - Laceration To The Face - Anxiety Disorder - Mood Disturbance

Penningtons for the claimant.

LTLPI 8/11/2004 (Unreported elsewhere)

This Quantum Report was prepared with the assistance of Stewart Stretton-Hill of Penningtons, solicitor for the claimant.