What are you looking for?

22 October 2022 | Case Study | Article by Hugh Potter

School girl hit by car suffers serious head injuries

Teenage girl hit by a car on her way to school bus stop resulted in a serious head injury and her very substantial award has just been approved by the High Court in Manchester.

Melissa was 14 years old and on her way to school when she was struck by a car. She was crossing a busy road with her friends, in her school uniform, to get to the bus stop on the other side.

She suffered severe injuries, including a serious head injury which left her with both physical and cognitive deficits that will affect all aspects of her day-to-day functioning.

The driver strongly denied any liability. She said it wasn’t her fault as she was driving well within the speed limit at only 30mph, that Melissa stepped out in front of her path without warning and that she couldn’t avoid the collision.

Previous solicitors who had looked at Melissa’s case had told her that she would not succeed and her case was declined by other firms before Hugh James were able to help.

We were convinced that Melissa had a strong argument. One of our main contentions was that the presence of a group of children, all in school uniform close to a bus stop, should have alerted the driver to the risk that one of them might step out into the road.

The Judge agreed with us and two years ago ruled that the driver was 50% to blame.

Now, as a result of the recent change in the discount rate, a settlement figure of just under £13 million was agreed and this has been approved by the court. This will help provide the future care and support that Melissa and her family so badly need.

Hugh Potter and Anne Moment act on behalf of Melissa.

Hugh said:

Melissa and her family are amazingly determined and frankly are inspirational. I am delighted we were able to support them throughout Melissa’s difficult claim and recovered substantial compensation when for many years they thought they would not receive any.

The change in the discount rate means at last Claimants like Melissa are receiving the sums they really need for the future.

The names and identifying details of the client have been changed to protect the privacy of individuals involved.

Author bio

Hugh Potter is Joint Head of the Manchester Office and Head of the Personal injury team in Manchester. Throughout his career, Hugh has acted on behalf of clients with brain and spinal cord injuries of the utmost severity, as well as having experience handing professional negligence cases, achieving record settlements with a reputation recognised nationally.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

Contact one of our experts

Fill in the form and one of our experts will get in touch with you shortly.