£20,000 awarded to passenger following collision

Compensation of £20,000 was awarded to a 44 year-old woman for injuries including a ruptured breast implant she sustained while a passenger in a car accident two years earlier.

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Case details

Injury details

In 2011, the claimant was a front seat passenger in a friend's vehicle. She was wearing her seatbelt. Another vehicle collided with the car while the car was stationary.

The claimant's seatbelt tightened across her chest in the impact. She suffered some neck and shoulder pain immediately. Following the accident she developed swelling in her right breast. The claimant was referred to hospital for an ultrasound scan.

The scan indicated that the claimant's right breast implant had ruptured. The claimant experienced increasing pain in her breast and armpit. The implant had leaked into her lymph node causing an abscess.

The claimant was admitted for surgery to remove the damaged implants. The abscess was also surgically removed.

Allegation

It was alleged that the defendant was negligent insofar as the other vehicle failed to drive safely or stop in time to prevent a collision.

The accident caused the claimant's breast implant to rupture.

The defendant alleged that the speed of impact was minimal. Injuries could not have been caused as described.

The claimant maintained that the accident had caused injury and the implant to rupture.

An abscess was also caused as a complication of the rupture.

It was also alleged that surgery would not have been necessary had the accident not occurred.

Conclusion and settlement

Liability was admitted and the matter did not progress to a Court hearing.

Compensation of £20,000 was accepted by way of an out of Court settlement.

£18,000 of the damages was attributed to "pain, suffering and loss of amenity."

The reminder was accepted in respect of sundry expenses and interest.

Read more: road accident compensation claims

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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.

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