Below are general guidelines for scaring compenstion claims:
In a particular case, the following circumstances of the child scar injury was considered:
- The child injury – sustained an unpleasant and traumatic injury necessitating suturing under a general anaesthetic which has left a permanent scar to the bridge of the child’s nose. Photographs of the scarring show that it was visible at conversational distances.
- The School who was at fault for the child accident has made an offer of £3975 has been made by the Defendant’s by way of full and final settlement.
- The opinion of the child injury solicitors relating to scarring was that the child’s scarring injuries fall between the top of the Less Significant Scarring bracket and the bottom of the Significant Scarring bracket. The scar is both prominent and permanent and will be seen at conversational distance. However there is a possibility as the child ages that it may become, “slightly less noticeable.” Consequently Ithe compensatoin for child injury could expect to achieve an award for his scar injury claim as a whole of up to £7000.
- As the child is under 18 years the claim will have to be finalised before a District Judge at an infant approval hearing. This being so the Court is unlikely to approve any award of damages substantially below the full value of the claim. Having said that, the if the school at fault would offer to settle the child’s claim for compensation in the sum of £6000 or more, this should be placed before the Court for approval. Such a sum representing a reasonable settlement of the child’s claim. Any discount on the full value of the claim would reflect the risks of litigation and the benefit to the Claimant of any early settlement of his claim.
If my instructing Solicitors have any questions, or wishes to discuss any matter arising out of this advice they should not hesitate to contact me in chambers and I will be happy to assist.
