Personal Injury Road Accident Compensation Claims

James Williams V Williams (2004)

Out of Court Settlement 15/7/2004

The claimant, a 27-year-old man, received £25,000 for the lower back and facial injuries sustained in a road traffic accident in October 2001. The claimant underwent surgery following the accident to straighten his nose and fix displaced cartilage. He was also at risk from ankylosis.

Claimant: Male: 24 years old at date of accident; 27 years old at date of settlement.
Road Traffic Accident: On 12 October 2001, the claimant was a front seat passenger in a vehicle being driven by the defendant, his mother. The defendant reported a moment of temporary sun blindness and consequently, she collided with the back of a stationery lorry. The bulk of the impact was born on the passenger side of the vehicle and the impact was so intense that the claimant was rendered unconscious. He had to be cut from the vehicle and he was taken to hospital by ambulance.

The claimant brought an action against the defendant alleging that she was negligent in her driving, which caused the accident.

Liability admitted.

Injuries: The claimant suffered from a broken lower jaw, which was fractured in five places, a broken nose, extensive lacerations, multiple abrasions and bruises to his face, a bruising injury over his left shoulder, a lower back injury and two cracked teeth.

Effects: Initially, the hospital were concerned that the claimant had suffered a severe head injury. A brain scan confirmed bleeding in his brain, but after further investigations, it was decided that the claimant was not at risk of neurological compromise and the bleeding was left to settle.

The claimant was hospitalised for approximately one week and whilst in hospital he had two operations to fix plates in his chin. He was later discharged home into the care of his mother and was unable to eat solid food for approximately six weeks.

The claimant was unable to work for approximately two months and then he returned on a part-time basis. The claimant's orthopaedic injuries settled within three months, however, the claimant's maxillo-facial injuries were more severe. In May 2003, the claimant had private surgery to straighten his nose and fix the displaced cartilage.

Prognosis: A report was obtained that stated that the claimant was at risk of developing ankylosis (lock jaw) and recommended careful monitoring and extensive further enquiries. Initially, it was thought that this was a case suitable for provisional damages. However, the claimant's condition improved and after two-and-a-half years, it was believed that the threat of ankylosis was remote.
Out of Court Settlement: £25,000 total damages.

Background to damages: The case was settled on a global basis and the following breakdown was estimated by the claimant's solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity (PSLA): £20,000 (Jaw injury: £15,000; Nose injury: £3,000; Other orthopaedic injuries: £2,000).

Special Damages: £10,220.52 (which represented travel expenses, care (from family members other than his mother) and private medical expenses).

A discount was given for the overlap in the pain and suffering the claimant experienced. The PSLA figure was therefore reduced to £16,000.

The claimant's mother's claim for care was discounted in its entirety pursuant to Hunt v Severs (1994) 2 AC 350, which reduced the value of the special damages down to approximately £8,500.