£3,500 awarded for knee injury on public highway
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The claimant was aged 50 and working as a traffic warden at the date of the accident. The accident occurred when the claimant tripped and fell in the road injuring his knee.
Following the accident he attended hospital where he was told he had suffered a soft tissue injury and x-rays were taken. These revealed generalised osteo-arthritis and the claimant advised that he had been suffering with some stiffness to his knee prior to the accident.
As a result of the accident he was now suffering with constant stiffness and swelling. He often suffered with pain when walking up hills and up and down stairs.
The claimant did not return to work for seven weeks and when he eventually did so he was placed on light duties for five weeks. Following this time he was able to return to walking the full distances that his job required of him. However, at the end of each working day he would suffer with soreness.
It was suggested by the medical evidence provided within the case that the symptoms that the claimant was suffering with were caused by degenerative changes. The claimant would have suffered injuries of a similar type within one to two years had the accident not occurred. The medical evidence suggested that the effect of the accident was that it brought the symptoms forward by that same time frame.
The claimant's and defendant's solicitors entered into meaningful negotiations to try and reach an amicable settlement; however, this process was unsuccessful.
The claimant therefore issued court proceedings and asked that the Court determine the level of damages to be awarded.
Conclusion and Settlement
The Judge based his assessment of damages on the basis of 18 months of pain, suffering and loss of amenity. The claimant was awarded £3,500.00