Four-year-old dragged by van receives £100,000 damages

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Four-year-old dragged by van receives £100,000 damages

11th November 2011

A four-year-old boy who was left with serious injuries when he was knocked down on a pedestrian crossing has received £100,000 in compensation.

The boy, who was being walked to school by his mother when the incident occurred, was left with one leg shorter than the other and a tyre mark ingrained in his skin, after a van hit him and dragged him for several yards along a busy dual carriageway.

Nigel Smith, a serious injuries specialist with Fentons Solicitors LLP, represented the boy and his mother. “The boy and his mum had been making their way to his primary school, just a short distance from their home,” said Nigel, an associate with the firm. “They were using the pedestrian crossing as they did every day, but as the boy stepped out to cross he was hit by a white van. His mum said she clearly heard the sound of his bones breaking as the van collided with him and took him along the road.”

The boy was rushed to hospital by ambulance, where he underwent an operation on his fractured leg the next day. “Following his release from hospital, the young boy was unable to return to school for six months as his injuries healed,” said Nigel. “Although he made a remarkable recovery, he was left with one leg shorter than the other and a number of permanent scars – including the imprint of a tyre tread on his leg.”

Although the driver of the van stopped at the scene, Nigel said that his insurers initially refused to accept liability for the injuries the boy sustained.

“Following the incident, the young boy required extensive medical treatment and therapy,” said Nigel. “We were able to secure more than £12,000 in interim payments to pay for the special orthopaedic shoe raises he needed, as well as a wheelchair for him to use during his rehabilitation and the care and assistance he and his mother required.”

Nigel said that as well as initially denying liability, the defendants in the case tried to blame the boy’s mother, even going so far as to add her as a defendant when court proceedings were issued.

“That particular action was reprehensible,” said Nigel. “However, we worked to secure sufficient evidence to prove our case, and the defendant eventually admitted liability. This meant we were able to recover the significant costs of the corrective surgery the young boy required - undertaken over several years – with the result that the child now has no leg length discrepancy, and has full function and use of the injured leg.”

Following lengthy negotiations, Nigel settled the claim for £100,000.

“No amount of money can make up for the pain and suffering that this young boy and his mother went through,” said Nigel, “but I’m pleased that we have been able to secure the funds to pay for the care and assistance they will need in the future. This settlement ensures that while they will never forget what happened, they can now move on with their lives.”

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for individuals serious injured in road traffic accidents.

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.