£2,400,000 award following a groin injury
A 26 year-old woman, £2,400,000 awarded after sustaining a serious groin injury following a cycling injury.
The Claimant was a student at university and was riding her bike along a road when she was struck by the Defendants lorry. She suffered permanent and significant injuries.
The first issue the Claimant and Defendants solicitors had to consider was who was at fault for the accident. The Defendant accepted that his actions were the primary cause of the collision. He however alleged that the Claimant has contributed to the incident by her own actions.
The parties eventually agreed that the Claimant had contributed to the collision by her own actions to the degree of 22.5%. Any settlement would therefore be reduced by this percentage once negotiations were entered into.
Injuries and Progression
The Claimant suffered a dislocated knee with significant damage to all ligaments. A dislocated hip. She suffered significant post traumatic stress, including flashbacks, nightmares and avoidance of the location of the accident. This condition was severe.
The Claimant had extensive plastic surgery over several years to include a total of four operations. She was left with significant scarring to her groin area which she was very conscious of. She had three operations on her knee to reconstruct the ligaments. The medical experts confirmed that by the age of 50 she would need complete knee replacement surgery due to accelerated arthritis in the knee joint.
The post traumatic stress disorder symptoms were still continuing over 5 years after the accident. They would continue to improve but her pre-accident confidence level would never be achieved.
The Claimant had already completed her third year at a major university. She had passed her third year examinations. As a result of passing these exams and prior to the accident the Claimant had been offered a job upon completion of her degree. The job was with a major/national accountancy firm. Her career progression prospects would have been high.
Due to the effects of the accident, the Claimant was unable to start work immediately. When she did start she was unable to continue because of the severity of her on going injuries.
An out of court settlement was reached between the parties. £97,000 was agreed for the Claimant's pain suffering and loss of amenity. Additional awards for past loss of earnings, care, future loss of earnings.
The total net settlement after the deduction of the 22.5% contributory negligence was £2,400,000.