£8,650 awarded for injury caused by a trolley cage
The claimant was assisting in unloading trolleys from the back of a lorry. She fell from the back of the lorry as a result of a defective trolley cage. The claimant was 19 years old when the accident happened.
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Liability for the accident was not disputed by the defendants. The only issue between the claimant and defendant was the potential value of the claimant's claim.
Injury and Progression
The claimant sustained severe bruising to the middle of her right foot. Symptoms were protracted. This was despite the claimant having a course of physiotherapy treatment to try alleviate the symptoms. The course of treatment lasted four months.
Initially following the accident the claimant had to use crutches to avoid weight bearing on the foot. Her foot had been x-rayed but a fracture was ruled out.
The claimant had to wear a support bandage around her foot for a period of 4 months. She tried all types of treatment to alleviate her symptoms. These included physiotherapy treatment, using a cold compress and taking painkillers.
Upon returning to work almost 4 months post accident she began to find that with standing for prolonged periods of time made the symptoms become worse. After 6 weeks back at work she had to take further time off for almost another 2 months.
The claimant's and defendants solicitors entered into negotiations to try reach an amicable settlement in respect of the claimant's compensation. They failed to reach agreement and so the claimant commenced county court proceedings. The court assessed the claimant's compensation almost 2 and half years post accident.
Medical evidence obtained in support of the claimant's claim suggested the claimant would recover by 2 years post accident. However the claimant's symptoms were on going. The symptoms however did not effect the claimant's ability to work. The on going symptoms were trivial in nature and were expected to settle soon.
The court awarded the claimant the sum of £3,600 for her pain suffering and loss of amenity. The remainder of the claimant's compensation award was made up of loss of earnings and interest. the total award was £8,650.
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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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