The claimant, a 21-year-old woman, received £16,500 for hand and wrist fractures, a twisted ankle and bruising she sustained in a road traffic accident in August 2007. She underwent an operation to manipulate the wrist fracture but at the date of settlement some of the bones had not yet united and so screws which had been inserted during that operation had not been removed.
Claimant: Female: 19 years old at date of accident; 21 years old at date of settlement.
Road Traffic: On August 25, 2007, the claimant (C) was driving her car when it was struck by a car driven by the defendant (D) who was travelling on the wrong side of the road.
C sustained injury and brought an action against D alleging that she was negligent in driving on the wrong side of the road, failing to give way to C's correctly proceeding vehicle and failing to have due regard for the safety of other road users.
Liability admitted.
Injuries: C sustained fractures of her left wrist and the second metacarpal in her right hand, a twist in her ankle and bruising of her right toe.
Effects: C attended a fracture clinic and was advised that she needed an operation on her left wrist to treat the fracture to her left wrist. She underwent the operation under general anaesthetic when the fractures were manipulated and k-wires and a screw were inserted. After the operation C wore a splint, the wires were removed and she underwent physiotherapy.
C's right hand was strapped for approximately six weeks after the accident. She subsequently mobilised the hand herself and received no further treatment for the injury.
Prior to the accident C had suffered from Madelung's deformity which affected both her wrists but was mild in the left wrist and a more severe problem in her right wrist. She had previously undergone surgery to the right wrist and prior to the accident it was still symptomatic.
Both the bruising and the twisted ankle resolve within a matter of weeks.
Prognosis: C's left distal radius healed satisfactorily but the ulna styloid failed to unite and so, at the date of settlement, the screws were still present. She also continued to experience aching in her left wrist in cold weather and she found it difficult to grip strongly for long periods and to use a laptop keyboard. She was able to manage her personal and domestic activities satisfactorily but experienced problems when lifting weights and as a result had reduced the weight of those she used in a gym. On the balance of probabilities, it was likely that C would want to have the screws removed during the few years after the date of settlement. However, expert evidence indicated that if C was to suffer any long-term problems, it was more likely to be in her right wrist, due to the Madelung's deformity, than in her left wrist.
Out of Court Settlement: £16,500 total damages.
Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant's solicitors:
Breakdown of General Damages: Pain, suffering and loss of amenity: £12,000; Future treatment costs: £1,500.
Breakdown of Special Damages: Past treatment costs: £2,404; Past loss of earnings: £500; Miscellaneous expenses: £96.
Henmans LLP (Oxford) for the Claimant. DWF LLP (Preston) for the Defendant.
LTLPI 10/12/2009
This Quantum Report was provided courtesy of Irvin Thobourne of Henmans LLP, solicitors for the claimant.
Document No. AM0201453 Reproduced by kind permission of Lawtel (www.lawtel.com)