Our client, Amina, was 12 years old when her accident happened. She and her older brother were walking home from school. He’d just crossed the road, and as Amina had fallen a few steps behind, she ran across the zebra crossing to catch up.
Unfortunately, she didn’t see a car speeding towards the crossing, and before she knew what had happened, she woke up lying in the middle of the road.
Amina suffered a serious degloving injury to her calf and ankle. This is what happens when the skin is separated from the soft tissue and muscle it protects, leaving them exposed. As a result of her injury she needed a skin graft, and is still facing long term issues with her affected foot.
How did we help?
Enable Law weren’t the first solicitors Amina’s family approached. They initially instructed a local firm who, after working on her case for a few years, passed it on to Julia Prior. By this point, liability had already been accepted by the driver’s insurance company. However, even though the speeding car caused the accident, it was suggested that if Amina had checked the road properly before crossing, the pedestrian accident might have been avoided. Consequently, the claim was settled with a small reduction for Amina’s contribution. This is know as ‘contributory negligence’ and means that although Amina was still entitled to compensation for her injuries, her damages were reduced.
Thankfully, even though Amina’s injuries had been serious and left her with long-term scarring and ankle pain, they were not life changing. That means that they would not prevent her from living a full life and doing the things she enjoyed. What was going to stay with her for life though were the nasty scars on her ankle.
Scarring, particularly visible scarring, can have a profound impact on a teenager’s and later young adult’s sense of self. At a time when self-consciousness is already heightened and peer acceptance is paramount, a scar can become a focal point for insecurity and self-doubt. Teenagers may feel their scar makes them different, less attractive, or even stigmatised, leading to feelings of embarrassment, shame, and social anxiety. They might avoid situations where the scar is visible, such as swimming or wearing certain clothes, further isolating themselves and impacting their confidence. This can affect their social interactions, relationships, and even their mental wellbeing, sometimes leading to depression or low self-esteem.
Knowing this, Julia appointed a camouflage makeup expert who was able to recommend products for Amina to use on the scars. That included professional moisturising creams and full coverage makeup similar to that which professional makeup artists use in movie sets.
When drafting the Schedule of Loss for the claim (the document outlining all the different expenses the injured person incurred or will incur in the future as the result of their injuries) Julia made sure to include sufficient funds for Amina to be able to buy these products for the rest of her life. That was of course in addition to compensation for her pain and suffering and all the medical and other expenses her parents incurred because of the injury.
Amina and her family follow the Muslim faith. For her that means that she generally keeps her legs and feet covered when in public. We anticipated that the insurance company might try to argue that Amina would not need to apply makeup to her scars as her attire would keep them hidden.
Julia successfully argued that the scars were a constant reminder of Amina’s accident and that she had every right to have access to the means to cover them, even if that was only for her own eyes.
This is an important example of how the right personal injury solicitor will identify all of the client’s possible future financial needs, as well as use the right arguments to achieve the best possible compensation to enable their client to have the funds to meet them.
How we can help
At Enable Law we have a specialist personal injury team that can help both children and adults secure the compensation they deserve following a serious injury. If you or a family member have had an injury and are unsure whether you are entitled to compensation a member of the team will be happy to have a free, confidential discussion with you to help you understand your options. Give us a free call today on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient to you.
