The impact was on the rear passenger side where Miss K was seated. She had to be cut from the vehicle. All other passengers were able to walk away with minor injuries.   
 
She suffered a head injury, scalp laceration which ran from her left eyebrow into her hairline that required extensive stitching.  She also developed blurred vision in her left eye, and initially suffered severe headaches and dizziness. Her family commented upon fatigue, difficulty concentrating and altered behaviour. They said she was more argumentative and short tempered. She also fractured her wrist. 
 
Miss K was 18 at the time and worked in a local supermarket. She was taking a year out from her studies having completed BTEC Diploma and was intending to apply to University. She was absent from work for some time and decided not to return to her studies. Instead she found a full time job working as a hotel receptionist and had returned to driving. We arranged for her to have a few driving lessons to help rebuild her confidence and for her to readjust to driving with her visual impairment. 
 
Whilst she was receiving rehabilitation, the Defendants made an offer of £100,000. Although we did not have all our medical legal assessments she has been under the care of various therapists and NHS consultants.  We therefore could gather expert opinion on what her long term future was likely to do.  Her fatigue, memory and concentration problems had settled and all reports from her employer were favourable.  Her family also reported a return to her old self.   She did have permanent partial loss of vision in one eye, but she could drive, use a computer and manage all things.  Her facial scarring had healed incredibly well.  At first there was concern that the nerves to her left eye brow were permanently damaged, but this all returned to normal and the scar had faded very well.   
 
Compensation for her physical and psychological injuries were estimated to be £45-55,000.   Her claims for past care and financial losses are negligible.  Her future was looking positive.  She was working long days in a customer facing environment, managing incredibly well.  All behavioural problems appeared to have settled and although she was categorised as having suffered a severe head injury, the long term consequences had all but resolved.   She was therefore unlikely to have any significant future loss of earnings claim. We decided she may get a small Smith and Manchester award, for job prejudice, but it was unlikely to be more than around £10,000. 
 
The fact that she was able to drive and had worked in a demanding role for several months were significant factor's in predicting a favourable future for Miss K.  We obtained advice from a barrister, just to get a second opinion and he agreed that £100,000 was a reasonable offer and should be accepted.


This case was conducted by Claire Howard, a Partner in our Personal Injury team. For further information please contact  Claire on 023 8085 7313 or at claire.howard@bllaw.co.uk. Alternatively, please fill in our Contact form and we will call you back.