Total Damages: £55,000
Trial/settlement date: 6/12/2009
Age at trial: 39
PSLA: £20,000 (£20,110.09 RPI)
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 36
Sex: Female
The claimant, a 39-year-old woman, received £55,000 for fractures to both wrists, bruising and post-traumatic stress disorder sustained in a road traffic accident in June 2007. She was left with weakness and intermittent pain in her wrists and suffered loss of congenial employment and earning capacity, and disadvantage in the labour market.
Claimant: Female: 36 years old at date of accident; 39 years old at date of settlement.
Road Traffic: On June 9, 2007, the claimant (C) was a passenger in a vehicle when it was struck by a car driven by the defendant (D) who pulled out from a drive directly into the path of the vehicle C was travelling in.
C sustained injury and brought an action against D alleging that she was negligent in (i) failing to give way to C's correctly proceeding vehicle; (ii) failing to have due regard for the safety of other road users.
Liability admitted.
Injuries: C suffered from fractures to both wrists, cuts and bruises and post-traumatic stress disorder.
Effects: C was admitted to hospital and underwent an operation two days later to treat her wrist fractures. C's left distal radius was significantly displaced and was an unstable injury. It was treated by fixation with "K" wires and supported in a cast. The fracture healed satisfactorily. The fracture to the right distal radius had a similar pattern but was not displaced as much and was treated by manipulation and application of a cast. That fracture also healed satisfactorily, but with some loss of the normal anatomical position. The cast and wires were removed in the fracture clinic approximately six weeks after the accident. The bruising resolved within a few weeks. C was then referred to her GP for a physiotherapy referral. C sustained post-traumatic stress disorder in the form of nightmares, flashbacks and active avoidance of the site of the accident. She remained an anxious driver and it was recommended that she undergo a course of CBT. However, C was involved in a further accident which exacerbated the symptoms from the first accident and made her recovery more problematic. C found intervention difficult and did not feel that she made much progress. Further intervention was not recommended. C was married with three young children and during her period of incapacity she required a significant amount of care and assistance in caring for her family, which was provided gratuitously by family members.
Prognosis: C continued to experience pain in both hands and also experienced some shooting pains. The pain was provoked by driving and typing, but some symptoms occurred spontaneously. C was able to do housework but it took longer and she found some of her duties exhausting, such as ironing and vacuuming. C had difficulty in carrying heavy items such as shopping bags and continued to have difficulty in taking lids off tight jars. C was expected to continue to require assistance with her domestic activities while her children remained at home. Once the children left home, she was expected to be able to manage with the domestic activities. Prior to becoming a part-time teaching assistant in a school, C was a qualified midwife and she had always contemplated a return to midwifery when her children were older. C claimed that she would no longer be able to return to her former profession due to the nature of the work involved and therefore claimed loss of congenial employment. Further C would have achieved a significantly higher income and pension benefit through the NHS and claimed loss of earning capacity. C was able manage her current work which was relatively light as she had a sympathetic employer, but would be at a disadvantage on the labour market for any work that would require manual strength, dexterity, flexibility or extensive travel.
Out of Court Settlement: £55,000 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: £20,000; Future care and assistance: £20,000; Loss of congenial employment and earning capacity, and disadvantage in the labour market: £10,000.
Breakdown of Special Damages: Past treatment costs: £5,000.
Henmans LLP (Oxford) for the claimant. NFU Mutual (York) for the defendant.
LTLPI 30/3/2010
This Quantum Report was provided courtesy of Irvin Thobourne of Henmans LLP, solicitors for the claimant.
Document No. AM0201516 Reproduced by kind permission of Lawtel (www.lawtel.com)