A STUDENT who watched her twin suffer serious injuries in a car accident is launching a law suit for emotional distress.
Anna Khan, 22, from Edinburgh spent a month in an induced coma after she was hit by a car and thrown across the bonnet after coming off a bus in Dinnington, Sheffield in December, 2015.
Now Anna is suing the driver Ian Burnell from Sheffield for "unlimited damages of more than £200,000" over the crash.
Her twin sister Lauren is also seeking £50,000 damages saying she suffered post traumatic stress disorder.
Anna Khan had a four month stay in hospital after sustaining a serious traumatic brain injury, a fractured face and hip, a broken leg and a punctured lung.
After three months on intensive treatment at a specialist rehabilitation centre including physiotherapy and speech support, she was finally able to return to the family home at the end of March, 2016.
She later said she became unable to see her favourite bands as the atmosphere becomes too "overwhelming".
READ MORE: Scots student tells of fear of gigs after suffering horrific injuries in car crash
A writ issued at the High Court and recently made publicly available says her Lauren Khan then developed psychiatric injuries in the aftermath of seeing the accident which changed Anna's life forever.
However, Mr Burnell and his insurers EUI blame Anna Khan for the accident, and say he had only one second to react as she ran in front of him. They say she was partly hidden by a bus.
Now the High Court in London will decide on the case as the sisters from Edinburgh seek compensation from Mr Burnell from Dinnington and EUI, trading as Admiral Insurance, of Cardiff.
Anna Khan, a fan of Ed Sheerin, Jess Glynne and James Arthur, explained last year how she tried to see one of her music heroes singer-songwriter Newton Faulkner in Sheffield in 2016 but ended up crying in the bathroom before heading home saying she could not cope with the intensity of the experience.
Anna Khan was walking home with her twin sister and their friend Luke Booth after watching a Michael Jackson and Elvis Presley drama show at their college in Rotherham when she is said to have been hit by Mr Burnell's black Skoda Octavia car.
Both women accuse Mr Burnell of negligently failing to slow down, failing to keep a proper look out, failing to pay attention adequately, failing to brake in time and hitting Anna Khan when he should have been on notice of pedestrians after Mr Booth crossed the road.
The writ says she is unlikely ever to be able to live independently or manage her own affairs, or work, and will probably need care and support for the rest of her life.
Lauren Khan says she suffered post traumatic stress disorder as a result of directly witnessing the aftermath of the accident, and feels that her life has been on hold since. She has not felt able to go to university as planned, and will probably suffer a loss of earnings in future, she claims.
The family took legal advice over a potential compensation claim "to protect Anna's future care, accommodation and therapy needs".
If Anna Khan succeeds on a full liability basis her claim is likely could result in an award running into millions of pounds, which could include the cost of care for the rest of her life.
Mr Burnell disputes he was negligent and says he was unable to see the pair as he approached the junction, because they were blocked from view by the bus, which was waiting at the junction to turn left.
He was driving at about 32mph along the road, when Mr Booth ran across the road, closely followed by Miss Khan who hit his car, he says.
The two were visible to him for less than one second before Mr Booth suddenly ran across the road, he says, and gave him no chance to reduce his speed or react to their sudden decision to cross the road.
Anna Khan, he claims, was negligent by failing to heed his approach, failing to look right, failing to stop and wait until he had driven past, following her friend when it was unsafe, and failing to pay attention.
Anna Khan, a supporter of Headway, the brain injury association, talks about her injuries
Mr Burnell says Lauren Khan had needed psychological treatment for complex problems before the accident, and was unlikely to go to university or finish a degree. Her work history disclosed an uncertain career path, he states.
He disputes her diagnosis of post traumatic stress disorder given her history and, pending disclosure of medical records, does not admit her sister's symptoms.
David Withers, a senior associate solicitor at Irwin Mitchell LLP, who is representing Anna said: “Anna was involved in a road traffic incident resulting in catastrophic and life-changing injuries. She was a pedestrian when she was struck by a vehicle. Liability for the incident is denied.
"Court proceedings have been issued to enable the Court to determine whether Mr Burnell, the driver of the vehicle, was at fault.
"Anna’s commitment to maximising her recovery by engaging in rehabilitation is exemplary.
"The reason why she has taken the difficult decision to start the court process is to try to secure compensation to protect her in the future and to enable her to engage in rehabilitation which she desperately needs."
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