Settlement for young girl injured in road traffic collision

The client was only four years old at the time of the collision. She was a passenger in the rear of a vehicle, secured in a car seat, when her mother’s then boyfriend left the carriageway and crashed into a tree.

By the time the emergency services arrived, she had been removed from her seat and it became clear that she had sustained serious internal injuries. She was taken to St George’s major trauma centre, where she was diagnosed with a perforated bowel. She underwent a laparotomy to repair the perforation and remained in hospital for just over two weeks before being discharged home.

A few days later, her condition deteriorated and she was readmitted to hospital. Her symptoms were managed conservatively and she was discharged again after a couple of days.

Tim Kirfield, from the personal injury team, became involved at an early stage of the claim. A case manager was appointed under the Rehabilitation Code and carried out an Immediate Needs Assessment. The client and her family then received the support they required.

When the client was well enough to return to education, it became clear that she needed additional support because her behaviour had changed. A play therapist was engaged to help with her reintegration.

Due to her young age, she also received psychological therapies to help with sleep difficulties and bed wetting.

The client’s recovery became more complex when she later developed epilepsy. The focus then turned to establishing whether the epilepsy was linked to the injuries sustained in the collision. Reports were obtained from experts in neurology and neuroradiology, who concluded that, on the balance of probabilities, the epilepsy was not related to the collision injuries.

There was a further complication when it was suggested that some behavioural changes may have arisen from other factors. The defendant agreed to fund a private autism spectrum assessment, which revealed that the client was autistic. It was therefore important to determine which behavioural changes were linked to the collision and which were associated with the autism diagnosis.

Following the issue of court proceedings and the gathering of the necessary medical evidence, a settlement was reached for the client. The settlement was later approved by the High Court and reflected both the seriousness of the injuries sustained and the level of care and support required in the future.