McDonalds taken to court after 19-month old girl suffers minor burn

Parent holding childs hand

Ms S was with her 19-month old baby girl in a McDonalds restaurant in Scotland when an employee spilled a cup of tea on her child. The child suffered a minor burn to her left foot. There was no swelling or blistering and the redness on her foot cleared up after 2 weeks.

Personal injury claim against McDonalds

After the family consulted another law firm, they instructed a report from a General Practitioner and intimated the personal injury claim to McDonalds with the report and photographs.

The claim was investigated by McDonalds insurers solicitors and shortly afterwards an admission of liability was received along with an offer of £500.00 compensation.

Contacted Digby Brown for expert advice on personal injury claim

The law firm contacted Digby Brown’s specialist personal injury solicitors to ask us to consider the claim further as the child began to suffer psychological symptoms, in particular anxiety on the sight of paper cups.

The right experts called to correctly value the personal injury claim

Our specialist solicitors in personal injury instructed a Consultant Psychiatrist who specialised in treating young children.  He noted that the child suffered from sleep disturbance, frightened behaviour if she sees steam from a kettle.

She then reverted back to using nappies at night time despite being toilet trained prior to the accident and using a baby cup for drinking.

Expert concludes child suffers from Adjustment Disorder because of the personal injury

It was our expert’s opinion that the 19-month old child sustained an Adjustment Disorder with predominant disturbance of emotions. It was his view that given her young age, it was likely that she would not suffer any permanent psychological damage arising from the accident.

McDonalds insurers taken to court to secure rightful compensation

The valuation was forwarded to McDonalds insurers’ solicitors requesting their offer in settlement. No response was received and a Court action was commenced.

During the time of service the Solicitors then sent correspondence to us advising that they would offer to settle this case at £8,400. Instructions were received from the client to accept this award.

Getting the right expert meant 1600% more compensation for personal injury

On what looked like a rather routine personal injury claim, our solicitors were able to get a 1600% rise on the original compensation offer.

This is a good example of how the right expert can add considerable value to a personal injury case.