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Home > Compensation for Physical Injuries
Back Injury Claim Award
Back Injury Claim Award
Mary Harrington V (1) Ganiat Kasumu (2) Motor Insurers' Bureau (2003)
The claimant, a 48-year-old woman, received £130,000 for the back and shoulder injuries sustained in a road traffic accident in July 1999. The claimant became agoraphobic and suffered from significant depression and isolation as a result of her injuries.
Out of Court Settlement 19/9/2003
LTLPI 14/10/2003 (Unreported elsewhere)
Document No.: AM0200523
Depression Claim
The claimant, a 48-year-old woman, received £130,000 for the back and shoulder injuries sustained in a road traffic accident in July 1999. The claimant became agoraphobic and suffered from significant depression and isolation as a result of her injuries.
Claimant: Female: 44 years old at date of accident; 48 years old at date of settlement.
Claimant: Female: 44 years old at date of accident; 48 years old at date of settlement.
Damages For Bus Accident
Road Traffic Accident: On 16 July 1999, the claimant was travelling seated towards the back of a single decker bus when the bus driver carried out an emergency stop without warning. Consequently, the claimant was thrown out of her seat and up the aisle, landing heavily on her back and shoulder.
The first defendant alleged that a car had pulled out directly in front of him forcing him to carry out an emergency stop. The driver of the car was prosecuted by the police for driving whilst uninsured and the Motor Insurers' Bureau dealt with the claimant's claim.
The claimant sustained injury and brought an action against the first defendant alleging he was negligent in his driving, which caused the accident.
Liability admitted.
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Out Of Court Settlement For Back Injury
Injuries: The claimant sustained a fracture to her coccyx.
Effects: As a result of her injuries and the pain she suffered in her back, the claimant became depressed and isolated. A consultant psychiatrist diagnosed significant depression and agoraphobia.
Out of Court Settlement: £130,000 total damages.
Out of Court Settlement: £130,000 total damages.
Breakdown of General Damages: Pain, suffering and loss of amenity: £25,000.
Background to damages: The case was settled on a global basis and no particular breakdown of damages was formulated between the parties. However, the claimant's solicitors estimated the following figures as an appropriate breakdown of the total award: Care: £24,000; Loss of earnings (past and future): £67,750; Gardening expenses: £5,000; Decorating expenses: £3,250; and Private treatment costs: £5,000.
The claimant was unemployed at the time of the accident and had not worked for 20 years. However, she maintained that she had intended to return to work and would have returned but for the accident. A claim for loss of earnings was therefore included.
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