£55,000 for severe injuries in pub fall
Compensation of £55,000.00 in 2003 was awarded to a 31 year old for a slightly displaced comminuted fracture of the right wrist and severe right carpal tunnel syndrome.
A night out for the Claimant was to have serious repercussions after she suffered a fall in a pub. The Claimant who was 31 years old at the time of the injury put out her right hand in an effort to break her fall. The result was the Claimant who was right handed fractured her right wrist.
The wrist swelled up significantly and as a result the Claimant was admitted to hospital. A series of operations followed to treat not just the fracture but also right carpal tunnel syndrome. The operations were not fully successful. The Claimant suffered permanent disability which limited significantly the use of her right hand. There was also scarring on the Claimant's right wrist and forearm and as a result of the incident the Claimant was to go on to suffer from depression. Because the Claimant was right handed the injury to her right wrist and permanent disability left her at a disadvantage in the labour market.
It was alleged that the Defendant was negligent insofar as they failed to provide a safe public environment for the Claimant resulting in her accident.
During the course of proceedings before the Chesterfield County Court the Claimant was examined by a consultant. The evidence noted the severe restrictions on the Claimant in the job market. The Claimant's weakness in her right hand severely limited her options. The Claimant was by profession a computer programmer although at the time of the accident she was on maternity leave. The Claimant would be unable to return to similar employment because of the injuries. Because traditionally the Claimant had used both hands at work it is difficult to see what employment of a similar nature the Claimant would be able to find going forward.
Settlement and conclusion
The matter progressed to a Court hearing.
General damages of £25,000 were awarded for pain suffering and loss of amenity.
A Smith and Manchester award of £30,000 was made for disadvantage on the labour market.