£10,744 awarded for chest wound from bicycle accident
Compensation of £10,744 was awarded at Lambeth County Court to a 31 year-old man for injuries including a wound to his chest and a fractured finger suffered in a cycling accident two years earlier.
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Case details
Injury details
The claimant was knocked off his bike while cycling as a car door was opened in his path by the defendant who wasn't looking.
The cyclist suffered a chest wound, a fractured finger and back injuries.
For two weeks after the accident the claimant needed care and assistance. Dressing was painful, he struggled to get in and out of bed and could not perform basic household activities.
The claimant was unable to work for two weeks. After that he went on a pre-booked holiday but did not enjoy it because of the discomfort from his injuries.
Before the accident he was active. His hobbies included running, cycling and going to a gym. He was unable to continue with these activities after the accident for some weeks.
The claimant's chest wound healed leaving a scar. The scar was 2cm in diameter and would be permanent. The scar's appearance could be improved by treatment with topical gel or surgery.
His left index finger fracture healed. He was left with altered sensation in his finger and a small scar. His sensation was expected to improve within 18 months to 2 years after the accident. The injuries to his back were expected to heal quickly without leaving permanent symptoms.
The claimant suffered psychological symptoms. He developed a phobia of cycling and as a car passenger. He had flashbacks and nightmares. His mood was disturbed and he would avoid situations that reminded him of the accident.
He was recommended 8-10 sessions of cognitive behavioural therapy 13 months after the accident. The treatment was expected to resolve his psychological symptoms within 20-26 months of the accident.
Allegation
It was alleged the defendant was negligent insofar as they opened their car door at an unsafe time knocking the claimant from his bicycle.
The claimant was knocked off his bicycle suffering injury. The injuries included a wound to his chest, fractured index finger and back pain. Psychological injuries also developed as a result of the accident.
The claimant was left with a scar on his chest and on his finger. He was unable to care for himself fully for a period and did not return to his hobby of cycling.
Conclusion and settlement
Liability was admitted but the amount of compensation could not be agreed. The matter progressed to a Court hearing.
Compensation of £10,744 was accepted by way of a Court award.
£8,550 of the damages was attributed to "pain, suffering and loss of amenity."
The remaining £2,194 was awarded for items including loss of earnings, care, loss of enjoyment of holiday and sundry expenses.
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Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.