£50k compensation for woman with fractured spine
The claimant was under the care of the defendants at all times. They had a duty to care for The claimant's safety. They knew the claimant had psychiatric issues including self harm. Despite this the claimant was allowed to jump from 4th storey window within the defendants premises. As a result she suffered significant injuries. The claimant was suffering from psychiatric injury including psychosis. This was usually brought on by alcohol.
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Injuries and Progression
The claimant fractured both her feet when she landed. She also fractured several ribs in the fall. She fractured her spine. As a complication of also puncturing her lung she suffered from a chest infection. The spinal fracture had an effect on the claimant's bladder and bowel control.
Progress was slow within 3 months of the accident the claimant was wearing a brace on her back which was her to get about. The partial paralysis of her lower limbs began to ease.
Despite the improvement in the feelings in her legs her bladder control did not improve. The claimant had to use a catherter.
Medical evidence was obtained in support of the claimant's claim. This confirmed that the claimant would have on going spinal pain. That there was a need the use a catherter and this would be life long. The situation would not improve.
The claimant's and defendants solicitors entered into meaningful negotiations to try resolve the claimant's claim amicably. Taking into account the permanent nature of the claimant's symptoms a settlement of £50,000 was reached for the claimant's pain suffering and loss of amenity. The overall agreed settlement which allowed for financial losses was £85,000. At today's value using an RPI calculator this equates to £66,615 for general damages for pain suffering and loss of amenity and £113,245 for an overall settlement of the claimant's claim.
This was an out of court settlement and despite the claimant psychiatric issues the claimant was deemed to have mental capacity to understand the settlement which had been agreed. As such court approval by a Judge was not required.
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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.