£40,000 awarded for serious adjustment disorder
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Details of the injury
The claimant was involved in a road traffic accident when a vehicle driven by the defendant drove out of a side road colliding with the claimant. As a result of the impact the claimant sustained a minor whiplash-type injury.
The claimant experienced anxiety and depression following the accident and was subsequently diagnosed with an adjustment disorder. According to expert evidence, the condition compounded the claimant's perception of his physical injuries and negatively affected the recovery of his physical injury.
The claimant alleged that the accident was caused by the defendant. It was alleged that the defendant drove out of a side road and failed to heed the claimant's vehicle, which was driving along the main carriageway. The defendant denied liability but after a trial the court found for the claimant on a full liability basis.
Conclusion and Settlement
The claimant was extremely active before the accident, including martial arts training and doing a significant amount of domestic chores as his wife had rheumatoid arthritis. He was also in a very demanding sales job and was a highly motivated individual.
After the accident he had to give up the martial arts training and could only assist with a small amount household chores.
The Court found that the claimant had a significant claim for future loss of earnings as he would find it difficult to find employment in the high-pressured area of sales.
The Court awarded the claimant £40,000 general damages for pain, suffering and loss of amenity. The claimant was also awarded a significant sum for future loss of earnings, namely £621,846.
In addition, the claimant also received damages totalling £45,800 for future care and domestic assistance costs and future assistance with decorating and DIY costs.
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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.
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