£82,000 awarded to 67 year old who suffered a foot injury in a road accident
The claimant was involved in a serious road accident when she was 63 years old. She was working as bar staff at the time and was considered to be very out going. She liked playing badminton and danced regularly. She enjoyed gardening which was one of her main hobbies as well as decorating her home.
Following the accident the claimant's lifestyle was significantly affected. Lliability for the accident was accepted by the defendant.
Injuries and Progression
The claimant suffered multiple injuries including a foot injury, in particular a fracture to the talus (heel bone). She also had back and neck injuries and symptoms commonly referred to as whiplash. The claimant also sustained significant psychological reaction which manifested itself as PTSD (Post Traumatic Stress Disorder). There was associated depression, a lack of confidence and generally the claimant became less out going. She also fractured several ribs. In addition she developed ringing in her ears (known as tinnitus).
Progress initially was slow. The claimant had to stay in Hospital for 28 days during which time she was unable to weight bear because of the fracture which had been placed in a cast. She was forced to use a walking frame for a period of 12 weeks. She had an intensive course of physiotherapy to try rehabilitate her. The claimant was prescribed anti depressants as well as having CBT (cognitive Behavioural Therapy) treatment
Long Term Prognosis
After significant levels of physical and psychological treatment the claimant's long term position was assessed by medical experts for her claim. It was expected that within a period of around 4 years the claimant's psychological symptoms would be resolved. Other on going symptoms however would be permanent. These included maskers in both ears to try mask the severe ringing in the claimant's ears which was continuous .
A direct causal link was also established between the claimant's neck symptoms and dizziness she had suffered. The injury to the foot/heel had left the claimant with permanent pain when standing for any period of time. This clearly made her pre-accident occupation difficult to maintain.
Compensation was awarded by the court 4 years post accident. A total of £40,000 was awarded for the claimant's pain suffering and loss of amenity. The remainder of the award was made up of financial losses including loss of earnings and care. The total award to the claimant was £82,000.
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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