Injured Child Sustains Whiplash In Car Accident
We are dealing with a claim whereby the client was a minor at the time of the accident. She could not recall the accident details but was aware that a collision had happened.
She sustained whiplash to her neck and sustained a deep wound to her lower lip. She required several stitches. The expert states that the scarring to her lip will remain a permanent feature inside and out but that the sensitivity will resolve within 12 months from the date of examination. As the client was a minor at the time the third party insurer made an offer, which we considered was low, we applied to get a barrister’s opinion. A barrister’s opinion being necessary in all child cases to confirm to the court that the settlement is reasonable and in the child’s best interests.
The barrister took into account the fact that the scarring will be permanent and also took into account the severity of embarrassment the client would experience due to the fact that the scarring is on her face. He therefore valued the claim a lot higher than the offer that had been made.
We made a formal counter offer and the third party insurers still came back a little low. We are now in the process of negotiating again and are confident that the other side will make an offer within the bracket given by the barrister.