In September 2007, Spencers Solicitors were instructed to act on behalf of a 2 year old girl that had been involved in a road traffic accident whilst travelling as a passenger.
To honour client confidentiality, our client will be referred to as Miss P. Her story and resulting personal injury claim will be documented in this case study.
Miss P was a travelling as a rear seat passenger in her mother's vehicle on a single lane road when a vehicle appeared from the opposite direction over the brow of a hill.
The oncoming vehicle proceeded to collide with a stationary vehicle and then collided head on with the vehicle Miss P was travelling in. As a result of the second collision, the oncoming vehicle began to roll and caught alight.
Miss P initially sustained facial lacerations, bruising to her chest and psychological injuries (travel anxiety & nightmares) as a result of the incident.
Claim settlement was first suggested during 2009 however, this was not approved by the court following concerns from the judge regarding Miss P's ongoing psychological symptoms - which were disclosed by the Litigation Friend at the Approval Hearing.
Over the next few years, it became clear that Miss P was struggling with a soiling condition, commonly known as Encopresis - a condition whereby a previously toilet trained child holds their stool resulting in faecal impaction, constipation and leakage.
Shortly after Miss P's condition was brought to light, a psychologist was instructed who concluded that Miss P was suffering from Post Traumatic Stress Disorder (PTSD) and underwent a course of Cognitive Behavioural Therapy (CBT) treatment.
Miss P's CBT treatment course was successful but her ongoing battle with Encopresis began to deteriorate. Her condition became so serious that during 2014, corrective surgery was required in order to create a port through Miss P's intestine to enable her to flush her bowel manually.
A report prepared by a Paediatric Gastroenterologist concluded that there was no evidence of a physical cause for Miss P's bowel problems and that her Encopresis condition was probably psychological in origin and attributable to the road traffic accident she was involved in.
In terms of Miss P's prognosis, the expert was of the opinion that Miss P should return to normal health in approximately 5 years time.
The defendant admitted liability but strongly contested causation in respect of the Claimant's Encopresis condition. This position was made more difficult by the Claimant's young age and prior medical conditions not related to the accident.
Eventually, claim settlement was agreed between both parties in the run up to Trial in the sum of £45,000 which the Court approved at an infant approval hearing during April 2016.
Contact us today on 08000 93 00 94 to discuss the details of your claim with one of our advisors, or you can fill in our online claim enquiry form. If you're worried about having to pay legal fees if you lose, don't be. Road accident claims are normally dealt with under a 'no win no fee' arrangement.
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