£22,004 for arm injury after a horse riding accident | Case Study

Circumstances

The claimant was only 6 years old when she fell from the defendants horse as a result of the defendant failing to adequately supervise her or the horse. Liability for the accident was not disputed by the defendant. The only issue between the parties was the potential value of the claimant's claim.

Injuries and Progression

The claimant suffered a serious fracture to her elbow. An operation was needed to repair the claimant's injury. Kirschner-wires were inserted into the elbow joint. These are more commonly known as K-wires. They were originally named after their inventor Martin Kirschner. Who first used these wires in 1909.

Settlement of the claimant's claim had to be delayed for a number of years. Medical evidence was obtained in support of the claim but in view of the claimant's age additional evidence would be required when the claimant reached her teenage years. This was to allow the claimant's bones tom grow and to allow for an accurate assessment. Additional evidence suggested the claimant might have reduced movement in her 40's, although this was not likely to be significant.

The claimant and defendant's solicitors entered into meaningful negotiations to try agree settlement but were unable to do so.

The claimant sued through her father as her litigation friend. She maintained that she had developed a permanent deformity of the elbow due to the end of the bone being prominent.

Settlement/award

The matter progressed to a Court hearing. The Judge awarded the claimant the sum of £16,125 for her pain suffering and loss of amenity. (Present value £24,000). The main point of contention between the parties had been whether or not the claimant was disadvantaged on the open labour market. The Judge found that she was. It was considered that certain professions would no longer be open to the claimant to pursue. These included following in her Mother's footsteps as a dancer.

An additional sum of £4,540 was awarded by the Judge for the claimant's disadvantage on the open labour market. The overall settlement allowing form financial losses was £22,004