Compensation victory 12 years after childhood injuries

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Compensation victory 12 years after childhood injuries

20th May 2011

A West Sussex man has received compensation in an out of court settlement - more than a decade after he suffered soft tissue injuries in a road collision.

The victim was only nine years old when a car drove into the back of his mother’s vehicle in May 1999, as they were waiting to drive onto a roundabout in Shoreham-on-Sea. Although his mother settled a claim against the other driver at the time of the incident, she was advised not to bring a claim on her son’s behalf until his symptoms, which included neck and back pain, had fully resolved.

“Around five years later, my client started developing debilitating migraines accompanied by periods of vomiting and a loss of vision,” said Nick Godwin, a road traffic collisions expert at Fentons Solicitors LLP. “Concerned that the symptoms were a result of the injuries he had sustained in the collision, my client’s mother instructed us to file a claim on her son’s behalf in September last year. This was just months before limitation - the period of eligibility in which a claim must be brought following an accident - was due to expire.”

Although it was later established that there was no evidence of a link between the victim’s migraines and the earlier road traffic collision, Nick was able to identify the insurers who dealt with the young man’s mother’s original claim.

“The earlier settlement had not taken into account the whiplash injuries sustained by my client when he was a child,” said Nick. “Because there had already been an earlier admission of liability for his mother’s injuries, we were quickly able to secure a settlement on our client’s behalf.”

Nick said although the damages were relatively modest, the case was noteworthy because of the length of time between the date of the incident and the date he had been instructed to pursue a claim.

“This case serves as a useful reminder that limitation in an injury case involving a child does not start to run until the third anniversary of the claimant's 18th birthday,” said Nick. “My client was just nine years old when the accident occurred, but even at 20 he was still just inside this time limit when we were contacted and therefore we were able to secure the compensation to which he was entitled.”

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims of road traffic collisions.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.