Saturday 7th October 2017
Whiplash Claims – Child Injury
In this real life whiplash claim example involved a child the following is noted:
- The Claimant was born on the (date removed) and so was three months old at the time of the accident. Infant Claimant was a restrained front seat passenger in a stationary vehicle which was hit in the rear by the Defendant’s vehicle. I understand there is no dispute on liability.
- Immediately after the accident Infant Claimant upset and crying and shortly after she developed bruising across the front of the thighs and back of the right thigh.
- Infant Claimant was taken to the Accident and Emergency Department of her local hospital where she was examined and appropriate advice provided. Infant Claimant was also taken to see her GP two days after the accident and further advice was provided.
- As a result of her accident related injuries Infant Claimant’s sleep pattern was disrupted for two months and she developed travel anxiety for two months.
- The medical expert examination which took place on around 15 months post-accident.
- Fortunately at the time of the examination the Claimant had made a full recovery from all accident related symptoms however the expert diagnosed the Claimant as having sustained soft tissue injuries to both thighs which resolved after two months and sleep disturbance and travel anxiety which also resolved after two months.
Quantum (compensation for whiplash injury claims)
- In assessing damages for Infant Claimant’s injuries the Court will have regard to Judicial College Guidelines for the Assessment of General Damages (13th Edition) and in particular Chapter 13(c) in relation to minor injuries which provides a bracket of £1,160 to £2,050 where there is a complete recovery within 3 months. The commentary to that section specifically refers to travel anxiety as falling within the Chapter. The Court may, however, simply regard the anxiety symptoms as being aggravating features of the injury as a whole rather than warranting a separate award.
- I have also had regard to the following Kemp & Kemp cases, which concern claimants who made a full recovery from similar injuries. The award figures have been updated, however, the pre-September 2015 cases do not take account of the 13th Edition of the Judicial College Guidelines and many cases heard before April 2013 do not take into account the 10% uplift following the decision in Simmons v Castle  EWCA Civ 1288;
- L (a child) v Hollowood (2002) £600 (£981.00 RPI)
- H (a child) v Mkandwire (2007) £1,000 (£1,156.41 RPI)
- Mangham v Taylor (2001) £1,000 (RPI adjusted: £1,644.38)
- F (a Child) v Bury Mbc (2006) £1,000 (RPI adjusted: £1,218.56)
- Taking into account the Judicial College Guidelines and the above cases, I am of the opinion that the Claimant’s injuries would attract an award for general damages in the region of £1,250 to £1,500 for the whiplash injury claim to a child inclusive of the Simmons v Castle If an offer is made which falls within or above this bracket I would respectfully urge the Court to approve the same.
If you have been involved in a road traffic accident and you a driver and or a child was a passenger in the vehicle you and all the occupants of the car may claim for any injuries sustained. Generally most types of injury in a road traffic accident involves whiplash claims.
If so, please contact us to make a claim – CONTACT HUTCHEON LAW
How much compensation for whiplash injury?
As whiplash injury compensation solicitors we are always asked the question, “how much compensation for whiplash?” This is a very fact specific question but we have provided the following links to our pages that set out whiplash compensation payouts guides. Please click on the following whiplash injury links for further information and guides to making a whiplash claim. For a quick assessment click on our whiplash compensation injury calculator. Compensation for whiplash injury to 6 months Compensation for whiplash injury to 12 months Compensation for whiplash injury to 24 months Compensation for whiplash injury to 36 months How much compensation for whiplash? Whip lash claims Whiplash Injury Claim Form