£180k awarded for industrial accident knee injury
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The claimant was male and aged 51 when he sustained injuries as a result of an accident at work.
The claimant was struck on the back of his right leg by a factory vehicle. The impact was to the lower part of the leg and as a result knocked the claimant over causing him to fall heavily on the right knee. X-rays were taken of the knee at the local hospital.
No fracture was detected and the claimant was able to leave hospital on the same day. It was thought at that stage that the claimant had no more than a soft tissue injury and he was able to make an immediate return to work.
It became apparent over a period of time however that the injury was more serious than had initially been thought. The knee continued to cause problems which left the claimant unable to work.
The symptoms persisted for some considerable time with three operations over a period of 23 months aimed at trying to remedy the problem with a final operation looking to replace the patella-femoral joint.
The operations were not successful and the knee was left in an unstable condition which meant the claimant was unable to return to the heavy work that he had done prior to the accident but ultimately found he was unable to work at all.
Three years later, the claimant was forced to give up work altogether.
The claimant was advised by solicitors in pursuit of his claim.
The claimant was unable to settle the matter with the defendants and as a result proceedings were issued before the Swindon County Court.
Ultimately, the matter was determined by the Judge who awarded general damages for pain, suffering and loss of amenity of £37,500 with specific damages of £141,755 to include loss of earnings. The total award was £179,255.
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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.