£3k awarded for injuries from a collision with a lorry
£3,250 was awarded to 28 year old involved in lorry accident.
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Case details
Circumstances
The claimant was getting into her parked car when the defendant's lorry collided with her. The claimant's car door was open and the impact caused leg injuries as of her leg hitting the door sill. (Frame of the car at shin level). She also banged her head on the frame of the car.
Liability
Liability for the accident was conceded by the defendant. The only issues between the parties were causation and the potential value of the claimant's injury claim.
Injuries and Progression
The claimant suffered a minor head injury, her GP advised her to simply take painkillers. In the coming weeks the claimant suffered blurred vision from time to time with associated headaches. The claimant was a nail technician and her ability to concentrate was also affected. The claimant was diagnosed as having post concussive syndrome, with associated headaches when medically examined for the claim.
The claimant's shin continued to cause pain and discomfort and she had a lump where her leg had impacted the door sill. This eventually disappeared without leaving a scar.
Settlement
The claimant was away from work as a Nail Technician for 16 weeks. The claimant's physical symptoms were expected to fully settle within 2 years of the accident. The claimant's ability to work was not affected beyond the initial 16 week post accident period.
The claimant's and defendants solicitors entered into meaningful negotiations to try reach an amicable settlement without the need for court action. However negotiations broke down.
The claimant therefore instructed her solicitors to commence court proceedings in the county court. Despite this the defendants did not improve on their proposals to settle. The case therefore reached Trial 2 years post accident.
The Judge awarded the claimant the sum of £3,250.00 for her pain suffering and loss of amenity accepting the claimant's evidence as to the length of time her symptoms had taken to settle down.
Read more: road accident compensation claims
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Author:
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.