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Case Study

£20k awarded to claimant suffering psychological injury and damage to shoulder following a road traffic accident

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Mrs T, the Claimant, to pursue the claim for personal injuries following a road traffic accident.

The Claimant was walking through a supermarket car park when she was hit by a driver who was distracted whilst looking for a parking space.

The claim was submitted to the motorist’s Insurers, who indicated the liability was not accepted but the insurance company would be prepared to put forward proposals to settle the Claimant’s claim.

The main injury to the Clamant was to her shoulder and in particular the rotator cuff. The Claimant had physio and a steroid injection. It was indicated that she may require surgery to her shoulder but despite significant ongoing symptoms, she was reluctant to undergo this.

The Claimant had a previous problem with her shoulder and the medical expert instructed to prepare a report on the Claimants claim indicated that the accident had brought forward symptoms from a pre-existing shoulder condition by period of 3-4 years. That is to say that after this period, any ongoing symptoms the Claimant was experiencing would not be due to the accident.

The Claimant also suffered a psychological injury and was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. It was recommended that she had some psychological therapy treatment. The Claimant was assessed by the insurer’s treatment providers who indicated that she does not require treatment. Whilst the treatment costs were included in the costs of the claim, the Claimant was reluctant to undergo the recommended treatment.

As a consequence of Claimants shoulder injury, she required assistance from her husband with general household tasks, to include laundry tasks, changing of bedding and preparation of meals. In addition, the claimant’s husband assisted with ironing tasks and undertaking shopping.

The Claimant predominantly did the grading at the property. She was unable to carry out all these tasks and her husband took over the responsibility.

The Claimant, apart from the upstairs outside windows, undertook all the window cleaning for the property and was unable to continue with those tasks due to her shoulder injury.

The Claimant claimed help and assistance with the above by a mid-point period of 3,5 years based on medical experts accident related symptoms assessment.

The Defendants insures company put forward an offer of £10,000 to settle the claim which was rejected. This was then increased to £17,500. Again, the offer was rejected and we put forward a counter offer of £20,000 in settlement of Claimant’s claim which was accepted.

It was assessed that the personal injury claim for the shoulder injury was worth in the region of £8000 and psychological injury claim at £6000. The claim for the care and assistance was assessed at just over £7600 but it was accepted that there would need to be some element on compromise on the period and the hourly rate applied.

In the circumstances it was felt that a compromise at £20,000 was appropriate and the claim was resolved in such a basis.

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