Case Study: £20,000 Settlement Secured Following Road Traffic Accident Causing Head Injury and Psychological Symptoms

The Claimant was walking along a footpath near their home on their way to the shop when a car lost control, mounted the pavement, and struck them. Emergency services attended the scene, and the Claimant was taken to the Accident and Emergency Department at their local hospital.

At the hospital, it was recorded that the Claimant had struck their head and briefly lost consciousness for a few minutes. There had been no vomiting or seizures, and it was noted that they were able to stand and walk following the incident. The Claimant reported pain in their left foot and ankle and was struggling to bear weight.

On examination, there was tenderness in the cervical spine around the C4–C6 levels, but no bruising or facial injury. The Claimant’s airway, breathing and circulation were normal, and no abnormalities were identified in the abdomen. The pelvis was intact, and they were able to perform a straight leg raise, with no concerns identified in the long bones. Their Glasgow Coma Scale score was recorded as 15, indicating normal neurological function.

Further examination identified a laceration to the back of the head, which was not actively bleeding, and the right hand was bandaged with tenderness noted over the metacarpals. X-rays of the right hand and left foot and ankle were carried out, alongside a CT scan of the head and cervical spine. All imaging was reported as normal. The Claimant was discharged with pain relief and advice on symptoms to monitor.

The following day, the Claimant returned to hospital complaining of head and neck pain. There was no further loss of consciousness, nausea, or vomiting. A diagnosis of a whiplash-type injury was made, and the Claimant was advised that recovery could take between six and eight weeks. They were again discharged with appropriate safety-netting advice.

Five months after the accident, the Claimant reported only a small area of tenderness at the back of the head, noticeable only when touched. There were no ongoing symptoms such as blackouts or seizures. The Claimant was left with a small scar to the right hand and intermittent discomfort in the left foot, with symptoms expected to fully resolve within five to six months of the incident.

Although there is a recognised theoretical risk of epilepsy following a head injury, in this case the risk was considered low. The period of unconsciousness had been brief, there were no ongoing neurological symptoms, and imaging results were normal. Medical evidence concluded that there were no anticipated long-term effects that would impact the Claimant’s employment prospects or lifestyle.

In addition to the physical injuries, the Claimant experienced psychological symptoms following the accident. They reported anxiety when walking outdoors, a preference to remain at home, and nightmares relating to the incident. It was anticipated that, with a course of cognitive behavioural therapy (CBT), the Claimant would return to their pre-accident psychological state within six to twelve months of completing treatment.

The Claimant instructed John Bennett to pursue a claim for compensation against the insurer. The claim was initially submitted through the Rapid Claims Portal; however, the insurers failed to respond within the required timeframe, and the matter exited the portal process. Liability was subsequently admitted by the Defendant’s insurers.

Medical evidence was obtained to support the claim, detailing the injuries sustained and the expected prognosis. Upon receiving a request for funding to facilitate CBT treatment, the Defendant’s insurers made an offer to settle the claim for £20,000. Given that the claim was limited to general damages and the cost of CBT treatment, the Claimant agreed to accept the offer.

The matter was therefore concluded without the need for court proceedings, securing a fair and pragmatic outcome for the Claimant.

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