£18,000 for a hip injury caused by a pothole

Circumstances

The claimant sustained serious injuries to her hip and knee as a result of falling in a pothole. Under Section 41 of the Highways Act 1980 the defendants had a duty to maintain the area where the claimant. They failed to do so. Liability for the accident was not in dispute.

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Case details

Injuries and Progression

The claimant suffered a significant injury to her hip. At first it was not thought the injury was serious. The claimant was discharged from Hospital with painkillers and a support bandage. The symptoms did not improve so the claimant went back to the Hospital about 14 days later. Eventually the claimant required an operation to try improve the situation. Following surgery the claimant did not weight bear for 6 weeks. Subsequent to this period she had extensive physiotherapy to help with mobility. The claimant was only 11 at the time of the accident and had not therefore finished growing. Settlement was delayed to reflect this.

Having allowed the relevant period of time to pass the claimant was medically examined in excess of 4 years post accident. The claimant was walking with a slight limp as a result of her left leg being shorter than her right by 17mm

Surgery to correct the problem was not considered appropriate. Instead the claimant was fitted with a raised shoe to counter act the discrepancy in the height of the right and left limps. The medical expert considered that the claimant was at increased risk of developing osteoarthritis

Settlement

The claimant's and defendants solicitors entered into meaningful negotiations to try reach an amicable settlement without the need for contested court proceedings. Agreement was reached accordingly. In view of the claimant's age court approval of the amount of the settlement was required.

The claimant was now 16 years of age. The Judge approved the agreed settlement of £18,000 for the claimant's pain suffering and loss of amenity. The compensation was to be invested in the court until the claimant reached the age of 18. It would then be released to the claimant.

Read more: public place accident compensation claims

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher