As a personal injury file handler, this is one of the questions that I am most frequently asked by my clients – how do I go about assessing how much an injured person should receive for their injuries? There is a process to this, and whilst it...
The claimant (C) was riding his bicycle along a road, close to the kerb, when the defendant (D) approached from behind and collided with C. C was knocked from his bike and collided with the road, suffering a head injury.
C understands he was knocked unconscious as a result of the accident, and is unable to recollect any further accident details. He was taken by ambulance to hospital, where he was diagnosed with a diffuse subarachnoid haemorrhage. He was an inpatient for two days, undergoing various x-rays, CT and MRI scans, before being discharged by a neurologist back to the care of his GP.
C brought an action against D alleging that she was in breach of the Road Traffic Act 1988, as she was driving with undue care and attention.
Primary liability admitted subject to contributory negligence.
Upon arrival at the accident & emergency department, C was sent for a CT scan which showed that he was suffering with a traumatic subarachnoid haemorrhage, along with bruising to both arms and both hands, along with grazing to multiple joints. C was discharged two days post accident, into the care of his GP, as his haemorrhage was able to be managed conservatively by both physiotherapists and occupational therapists
As a result of the traumatic brain injury, C developed an impaired sense of smell which resolved six months post accident. He also continues to suffer with headaches, blurred vision, dysphasia, dizziness and an impaired sense of taste, along with some urinary hesitancy. C was referred to a case manager who advised that he would need to be seen by both a neurologist and neuropsychologist, who would then prepare reports on his present condition.
C was also diagnosed with a fear of travel and found to be suffering with flashbacks. A referral to a clinical psychologist was recommended.
During this time, a pre-medical offer of £40,000.00 was made by D. C accepted the same.
C’s cognitive function has been impaired as a result of the accident. He now finds multi-tasking more difficult, and advises that he is only able to see a problem after it is too late. He often finds it difficult to see things from another person’s point of view.
C required three months leave from work following his injury, and required assistance with domestic chores, lifting items and personal care for three months. His ability to play sports and go running was restricted for several months, but this has now shown improvement.
Our client received and out of court settlement of £40,000.