Q&A Can you claim for an injury that doesn’t show up until after an accident?

Q:        My husband was viewing a second-hand car in a garage in May. He had just looked in the boot when the salesman pressed the button to close the boot lid before my husband was fully clear and the lid hit his head. The salesman apologised and my husband said: “it’s ok, no damage done”. Back home a few hours later, however, he developed a headache and said he felt weak. Then he became confused and lost consciousness. I called the paramedics who took him to hospital where he was diagnosed with a subdural hematoma, almost certainly caused by the boot lid hitting his head. He needed surgery and is still in rehab and having therapy, so he cannot work. Could he claim compensation from the garage?

A:         Absolutely he should make a claim for compensation. Depending on severity, recovery from a subdural hematoma can be extremely lengthy and may even leave the patient with permanent neurological effects. It could therefore be some time before the final outcome of his injury manifests itself, and meanwhile you still need to pay the bills.

The garage owner is ‘vicariously liable’ for negligent acts carried out by their employees, and the salesman breached a legal Duty of Care by not checking your husband was well clear of the boot lid before he closed it. The fact that the injury was caused by the boot lid will however need to be proven, though this kind of injury not manifesting itself immediately is quite common.

Compile a detailed account of where, when and how the incident took place and what happened in the following hours until your husband went into hospital. Take this, together with medical notes and receipts for all out of pocket expensesto a local personal injury lawyer. As brain trauma is a complex personal injury matter, ensure you seek advice from a lawyer who specialises in this area of law.

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194