A child will be awarded a $2.8 million settlement after negligent driving resulted in a crash, causing the infant "catastrophic injuries".
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"This case cannot be described as anything other than tragic," Acting Justice Curtin said in a judgement.
The ACT Supreme Court approved the settlement, which is to be paid by the child's grandmother, who was driving the car when it crashed, and by QBE Insurance.
The now nine-year-old girl, a daughter of Iranian immigrants, and the grandmother cannot be named for legal reasons.
The car crash occurred on August 3, 2014, in the ACT, when the girl was just three-and-a-half months old.
She was a back seat passenger when her grandmother turned a vehicle out of a service station onto the wrong side of the road.
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The child was rushed to Canberra Hospital before being transferred to Sydney Children's Hospital where she underwent brain surgery and received significant treatment.
She would attend the Sydney hospital for treatment on a weekly basis.
The crash left the girl with severe traumatic brain injuries, sensory impairment on her left side, development delay, vision impairment, seizures, impaired motor functioning and intellectual, physical and emotional impairment.
She will suffer the effects of traumatic brain injuries for the rest of her life.
Liability was not disputed in the proceedings, with the court only tasked with determining the appropriate assessment of damages.
The child was accepted as a participant of the Lifetime Care and Support Scheme, an ACT government insurance scheme that helps manage the ongoing care needs of Canberrans catastrophically injured in motor vehicle accidents.
The scheme will cover the girl's medical treatment, attendant care services, respite care, housing modification, education and training.
Therefore, assessable recoverable damages were for non-economic loss or general damages, future loss of earning capacity, future loss of superannuation benefits and funds management costs.
The total settlement figure is $2,818,000, plus costs.
"The sum is appropriate given [the child's] injuries, her prognosis and her personal circumstances," Acting Justice Curtin said.
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Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
