£169,420 awarded after loss of sight
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Details of the injury
The claimant, who was aged 44 at the time at which the incident took place, was employed as a stonemason.
The claimant had been out of work for seven years after losing sight in his left eye during a separate incident. He became the victim of an assault when attacked in a pub. The brunt of the physical damage sustained in the attack was a blow to his right eye. The blow caused a rupture to the globe of the claimant's eye and therefore resulted in immediate and permanent blindness.
The claimant had previously suffered from glaucoma and had undergone a number of surgical procedures on his left eye in order to attempt to resolve pre-existing conditions. These procedures however were not effective and led to the eventual loss of vision in his left eye.
He also had problems with his right eye prior to the attack. He had previously suffered from a cataract in this eye which had to be removed. It was however thought that the eye was in relatively good condition before the claimant sustained a blow to it.
Medical evidence supported the view that in spite of this, the condition of the claimant's eye had deteriorated over a long period of time and was set to deteriorate even further if not for the attack. He would have, in any event, lost his vision altogether in the next 10-15 years.
He had found it very difficult to adapt to blindness and was said to have suffered from post-traumatic stress disorder for a short period in the aftermath of the attack.
The claimant was largely able to live independently, however did require outside assistance on occasion.
The matter eventually progressed to a court hearing. The claimant was awarded total damages of £169,420.
This included a figure of £85,000 for general damages for pain, suffering and loss of amenity, and £84,420 in special damages for past care and assistance.
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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.