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Case Study

Personal injury damages and additional losses

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

Phil Mulryne acted for Mr W, the Claimant, to pursue a claim for personal injury damages and additional losses following an accident which occurred during the course of the Claimant’s employment.

Briefly as regards to the accident circumstances the Claimant fell from a works vehicle due to a defective foot plate at the rear of a works van.

The Claimant sustained wrist, elbow and shoulder injuries, in particular a fracture of the left arm.

The claim was put to the Claimant’s employers whose representatives accepted liability in relation to the claim.

The Claimant suffered from a pre-existing problem to his wrist and shoulder and the medical evidence obtained to support his claim indicated that the accident was responsible for six months’ worth of symptoms to the wrist/shoulder.

The Claimant complained of some ongoing problems with his elbow but these resulted in very occasional symptoms with no effect on him on a day-to-day basis.

The claim was put to the Defendants who put forward an offer of £7,750 in relation to personal injury damages. This was rejected and settlement was agreed on a global basis representing a payment in the region of £8,500 for personal injury damages.

The Claimant also claimed travelling expenses attending medical appointments together with compensation to represent assistance that was provided to him by his wife because he could not do his share of the household tasks for the first couple of months following the accident.

The Claimant is a keen golfer and he was not able to fully participate in a golfing holiday that had been planned prior to the accident. As the Claimant could not play golf after the accident a claim was put forward to represent his loss of golf membership benefits as he was still obliged to pay his golf subscription following the accident.

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