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Home > Compensation for Physical Injuries
Severed Limb Compensation Claim
Severed Arm Damages Claim
Anthony Van Cliff V Olympiad Signs Ltd (2004)
Workmans Accident
The claimant, a 23-year-old man, received £554,403.97 for the partially severed arm sustained in an accident at work in April 2000. The claimant had to undergo a below-the-elbow amputation on his right arm and suffered from an adjustment disorder, which meant he was unable to return to work following the accident.
Claimant: Male: 20 years old at date of accident; 23 years old at date of settlement.
Employers' Liability: On 5 April 2000, the claimant, during the course of his employment at the defendant's premises, was carrying out maintenance to a circular saw, when he reached across an unguarded blade and caught his right arm in the blade.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties towards its employees by failing to provide a guard for the blade, which caused the accident.
Liability admitted subject to 15 per cent agreed contributory negligence
Injuries Sustained
Injuries: The claimant's right dominant arm was partially severed in the accident.
Effects: As a consequence of the accident, the claimant had to undergo a below-the-elbow right arm amputation. He was unable to contemplate work for both physical and psychological reasons for the period up to the settlement, but planned to start a college course which he hoped would lead to employment.
The claimant received counselling from his GP, which was followed by sessions from a clinical psychologist. He suffered from embarrassment because of his injury and suffered from depressive symptoms, a degree of social withdrawal and irritability. He also suffered from an adjustment disorder. The claimant needed help from his partner with a number of tasks including washing and with certain items of clothing.
Out of Court Settlement: £554,403.97 accounting for a reduction of 15 per cent contributory negligence (£652,239.96 at full liability) total damages.
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Severed Limb Compensation Award
Breakdown of General Damages: Pain, suffering and loss of amenity: £60,000; Future loss of earnings: £126,500; Future care costs: £40,000; Future services costs: £28,000; Future car servicing costs: £28,000; Future travel costs: £3,000; Future equipment/medical costs: £4,000; Smith v Manchester award: £35,000; Future prostheses costs: £250,000.
Breakdown of Special Damages: Past loss of earnings: £43,000; Past care costs: £15,000; Past prostheses costs: £18,000; Past psychotherapy costs: £1,230; Past travel/miscellaneous costs: £1,200; Past subrogated holiday insurance claim: £1,760; Past car cleaning costs: £350.
Background to damages: The case was settled on a global basis, and no particular breakdown was agreed between the parties. However, the claimant's solicitor estimated that the above breakdown of damages, which was compiled on a full liability basis, was appropriate. The case settled the day before the court hearing was due to start.
QBD (David Foskett QC) 15/12/2003
LTLPI 1/3/2004 (Unreported elsewhere)
Document No.: AM0900704
Document No.: AM0900704
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