£38,000 Compensation for Passenger Injured in Car Accident

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Susan Vanden

Partner, Road Traffic Accident Technical Manager

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A Car Accident Claim Case Study - Client Situation

Our client, Ms C was travelling in the car as a passenger, when the car she was travelling in was hit by an oncoming vehicle. 

As a result of the road traffic accident, Ms C, who was pregnant at the time, was left with bruising, scarring, soft tissue injuries and back pain. Due to being 37 weeks pregnant, she suffered with a seatbelt injury to the abdomen, which caused vaginal bleeding due to a ruptured placenta. 

Placental abruption is a very common injury in car accidents, as the sudden force and impact pushed the womb so rapidly, that is jerks inside the mother’s body. This force alone, is enough to rip the placenta away from the uterine wall, which could result in foetal loss. Rightly so, Ms C was not just injured, but in a state of shock. 

Straight after the accident, Ms C had to undergo an emergency caesarean section, where the baby was then taken away for a long period of time. Because the baby was away for hours, Ms C was unable to bond with her new born straight away, which can also cause detrimental damage to the mother and child. According to the NHS, skin-to-skin with your newborn is an extremely important step for all mothers, which people look forward to in their birth story. The contact is to regulate your baby’s temperature, breathing and heart rate. It will also boost your milk supply, and secure your bond with your baby. The accident meant that Ms C was unable to do any of this as a new mother, and she missed out on an important landmark in any pregnancy. 

Along with this trauma from the birth, Ms C was also unable to go back to her job as a carer, as her injuries prevented her from her manual tasks. Caring includes many labour-intensive duties, such as lifting residents, moving heavy objects, and helping others with their hygiene regime, which Ms C was unable to do. 

Ms C contacted our expert Car Accident Solicitors for a free claims assessment, and we agreed she had a strong case for compensation. I took on her case on a No Win, No Fee basis, and immediately began investigating the circumstances behind the accident and the impact it had on Ms C’s life.

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How We Helped

We arranged for Ms C to undergo medical assessments from independent experts, including an orthopaedic surgeon and a psychiatrist. Each of these specialists compiled a report detailing Ms C’s condition and medical outlook.

This helped us identify her future care needs and how much this would cost, so we could accurately estimate how much compensation she should claim.

One significant finding in the medical reports was that if the accident hadn’t happened, it was very likely she would have, in due course, had a normal delivery, rather than an emergency caesarean section.

An emergency caesarean section carries many different risks compared to scheduled c-sections, and certainly a natural birth, so of course, Ms would have rather a normal delivery. The risks associated with the emergency one was increased chances of severe haemorrhage, complications from rapidly administered anaesthesia, and accidental injury to you or your baby. Along with those, post-traumatic stress disorder has also been associated with emergency caesareans, which could well have been the case for Ms C.  Ms C went on to have Cognitive Behavioural Treatment due to the accident, which is a talking therapy that can help you manage your problems by changing the way you think and behave.

Along with those impacts on her health, we also looked at how the car accident had affected Ms C financially, as she had been unable to work due to her injuries.

While this investigation was ongoing, we applied for interim payments of compensation, so she could cover the cost of the medical treatments that she needed urgently. Along with medical appointments, the interim payments also covered purchasing a phone, so that Ms C could access the internet for her Cognitive Behavioural Therapy.

She received £6,750 in interim payments, which was important as it meant she didn’t have to wait until legal proceedings had ended before she got vital treatment and support that she needed.

The Outcome

Following many negotiations with the other party, Ms C was offered £38,000 in compensation, which she happily accepted.

This amount of money will help her access the care, treatment and support she needs in the future, and it also reflects the pain, suffering and distress she went through as a result of the accident.

Motor vehicle crashes are the leading cause of hospitalised trauma during pregnancy, so cases like Ms C’s do happen. A road traffic accident can have a significant impact on your life, like it did for Ms C and her baby. If your injuries are particularly serious, they can turn your world upside down. The suffering, pain, and distress of this are bad enough, especially if it wasn’t your fault. 

If you think you have a claim, contact us today. Our specialist Solicitors have a huge amount of experience with these types of claims. With our Free Claims Assessment, we'll let you know not only if you have a claim, but if we can take it on a No Win, No Fee basis.

References:

Birth Injury Help Center. (Publication date not specified). "Auto Accidents During Pregnancy - What You Need to Know." Available at: https://www.birthinjuryhelpcenter.org/auto-accidents-pregnancy.html

NHS. (Publication date not specified). "Benefits of Skin-to-Skin Contact with Your Newborn." Available at: https://www.nhs.uk/start-for-life/baby/baby-basics/caring-for-your-baby/skin-to-skin-contact-with-your-newborn/

Simpson Millar. (Publication date not specified). "Car Accident - Personal Injury Solicitors." Available at: https://www.simpsonmillar.co.uk/personal-injury-solicitors/road-traffic-accidents/car-accident/.

WebMD. (2022, November 11). "Emergency C-Section: Reasons, Risks, and Recovery." Available at: https://www.webmd.com/baby/emergency-c-section.

BMC Pregnancy and Childbirth. (2019, December 30). "The association between caesarean section delivery and cognitive delay in early childhood." Available at: https://bmcpregnancychildbirth.biomedcentral.com/articles/10.1186/s12884-019-2687-7.

NHS. (Publication date not specified). "Cognitive Behavioral Therapy (CBT) - Overview." Available at: https://www.nhs.uk/mental-health/talking-therapies-medicine-treatments/talking-therapies-and-counselling/cognitive-behavioural-therapy-cbt/overview/.

Susan Vanden

Partner, Road Traffic Accident Technical Manager

Areas of Expertise:
Road Traffic Accidents

Susan specialises in managing road traffic accident cases, and mainly represents pedestrians, cyclists, motorcyclists in multi-track cases, as well as clients who have developed chronic pain syndrome and sustained organic injuries.

She also supports junior members of staff across the department.

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