Child suffers injury when a carriage derails from a roller coaster and collides with our client’s carriage.

funfairOur client was at a fun park on the South Coast and had boarded a Roller Coaster with some other children. The ride had set off with all the children secured in their seats, but a few minutes later the last carriage detached from the carriage in which our client was travelling and partially derailed. Our client’s carriage slipped back and collided with the derailed one and as a result our client was injured.

Our Client’s Injuries:
Soft issue injury to neck and psychological issues.

How Hayward Baker helped:

“One of our senior claims specialists Alison Spriggs agreed to take on the case and wrote to the Defendants insurers blaming them for the accident as they had been negligent in not ensuring that all reasonable measures had been taken to ensure that our client was safe when visiting their amusements, and not having assessed the danger of a ride that was clearly defective.”

The insurers having investigated the matter responded with a letter admitting liability for the accident subject to medical evidence.

Medical evidence was obtained by Hayward Baker arranging an appointment for our client to be examined by two medical experts, a psychiatrist for the psychological issues and a General Practitioner for the physical injuries sustained as a result of the accident.

Once the reports were received by Alison she reviewed them and noted that they both proved that the injuries were caused by the accident and that a course of Psychotherapy would be beneficial to our client. The reports also highlighted a number of out of pocket expenses he was able to claim namely the costs of Psychotherapy Treatment, Travelling Expenses and a degree of Home Care.

As our client was under the age of 18 his Mother acted as his Litigation Friend (an appointed adult to make decisions on his behalf).

The value of compensation had to be assessed at a Court hearing due to our client’s age.

The assessment of compensation by the court was made, to a large extent, on the medical evidence. That assessment was based on this individual case, as each claim is unique. Nevertheless, some guidance on the appropriate level of compensation was obtained from previous cases and that enabled an estimate to be made of the likely award.

Once our client had completed his course of Psychotherapy and his Mother had approved the out of pocket expenses schedule and medical reports, Alison disclosed the claim in full to the Defendant Insurers asking that they make an offer in settlement of our client’s claim.

Resolution:

Alison negotiated a settlement for our client in the sum of just over £11,000.00.

Child suffers injury when a carriage derails from a roller coaster and collides with our client’s carriage.




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