£17,500.00 awarded for fracture to tibia and fibula
In 2004 at the Norwich County Court a farm labourer then aged 36 received £17,500.00 in compensation following a dangerous livestock accident whilst working on the farm which caused a fracture of his left tibia and fibular.
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The claimant was 31 at the time of his accident and having been taken to hospital an operation was carried out inserting a nail into his left leg. A non weight bearing plaster was then affixed to the leg which he wore for about 3 months after which for a similar period he used either a stick or crutch.
He was examined a year after the accident and the consultant expert found that he was still experiencing a great amount of pain and discomfort and he was still finding it very difficult to get about.
8 months later he went back to the hospital to have the nail removed. That operation was unsuccessful but 4 months later after a further complicated operation the nail was finally removed.
The last medical report was made 3.5 years after the accident. The claimant was still suffering significant pain, particularly around the left knee and the symptoms were having a significant affect on his lifestyle.
He was finding it difficult to gain employment and the hobbies and activities that he had before the accident were sufficiently physical to mean that he was not able to return to them.
In order to continue earning a living he retrained and obtained work in a glass fibre factory.
Conclusion and settlement
At the Trial in London the Judge was only concerned with the amount of compensation that the claimant was to receive. He took the view that he should receive £17,500.00 for the pain and suffering and loss of earnings and a further £5,000.00 for the fact that he had to give up his job working on the farm and instead work in a factory which involved him wearing a face mask throughout the day.
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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.