£25k awarded for neck injury and osteoarthritis risk
A male claimant was awarded £25,800 for pain and suffering and loss of amenity and increased risk of osteoarthritis.
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The claimant's most significant injury was a fracture of the neck at C6 and associated subluxation at C6/7.
The male claimant was 16 years old when he was involved in a road traffic accident during the course of his employment.
As a consequence of the accident the claimant fractured his neck following which he required surgery whereby the fracture was fused using a plate and screws. It was anticipated that these would remain in place.
The claimant also had a bone graft at the fracture site. He was kept in hospital for a short period and then following discharge had to wear a hard collar for 8 months.
He had permanent restricted neck movement and an increased risk of osteoarthritis after aged 60 which was put at 10 - 15%.
He was also left with two permanent scars which went across the full width of his skull. At the time of trial the scars were hidden by his hair but would be visible in later life if he lost his hair. The claimant also suffered from post traumatic stress disorder which resolved about 7 months after the accident following which the claimant had residual symptoms of mood disturbance.
The claimant alleged that the defendant driver caused the accident in which he sustained his injuries.
Conclusion and Settlement
The claimant who was aged 16 at the time of the accident and 22 at the date of trial was awarded £25,800.00 general damages for pain, suffering and loss of amenity. The claimant suffered a fracture of the neck at the C6 vertebrae.
He was required to wear a skull calliper and underwent an interior open reduction and internal fixation of his neck fracture using a plate and screws. He also required a bone graft and was required to wear a hard collar for 8 months during which time he required intensive physiotherapy.
He was left with a 10% restriction of movement in his neck and a risk of osteoarthritis later in life.
The claimant would also require painkillers for the rest of his life and he suffered some residual scarring.
He also suffered from post traumatic stress disorder for 7 months following the accident which resulted in mood swings.
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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.