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Home > Compensation for Physical Injuries
Temporary Paralysis Compensation Claim
Temporary Paralysis Compensation Award
Hastings V Royal Borough Of Kingston-Upon-Thames (2003)
The claimant, a 52-year-old woman, received £11,391 for the temporary paralysis sustained following an accident involving a "wheelie bin" in November 2001. The claimant suffered from spinal shock and continued to suffer from intermittent low back pain and leg weakness.
Wandsworth County Court (HHJ Cotran) 3/11/2003
LTLPI 11/11/2003 (Unreported elsewhere)
Document No.: AM0200534
Claim Of Negligence
Claimant: Female: 49 years old at date of accident; 51 years old at date of award.
Occupiers' Liability; Other: On 4 November 2001, the claimant was injured when a large metal "wheelie bin" fell onto her pinning her to the ground on her back. She was briefly rendered unconscious and was taken by ambulance to hospital.
Occupiers' Liability; Other: On 4 November 2001, the claimant was injured when a large metal "wheelie bin" fell onto her pinning her to the ground on her back. She was briefly rendered unconscious and was taken by ambulance to hospital.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in the maintenance of its bins.
Liability admitted.
Loss Of Use Of Legs
Injuries: The claimant suffered from temporary paralysis.
Effects: Immediately after the accident, the claimant was aware that she had lost the use of her legs and had no feeling from her waist down. She was incontinent and was fitted with a catheter. The claimant was told by the doctors that she may become paralysed and that surgery was not an option. She feared that she could be confined to a wheelchair. The claimant also started to suffer from intense headaches while in hospital.
Over the following days, the feeling began to return to the claimant's lower body and she eventually regained the use of her legs. She was diagnosed with spinal shock and intensive physiotherapy was commenced.
By 12 November 2001 she was able to mobilise slowly on crutches and was discharged from hospital. The claimant then stayed with a friend for two weeks where she received full time care. She then required help with cooking and the heavier domestic tasks from her husband for a further three months.
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Lower Back Pain Claim
The claimant was off work for three months. When she returned to work, it was initially on a part-time basis. The joint expert considered that she had made an almost full recovery, however she continued to suffer from intermittent low back pain of variable intensity, which was aggravated by sitting for more than one hour at a time. She also continued to feel tired and had a feeling of weakness in her legs, particularly upon standing up.
Prognosis: The claimant's continuing symptoms of back pain and leg weakness were permanent.
Court Award: £11,391 total damages.
Court Award: £11,391 total damages.
Breakdown of General Damages: £10,000.
Breakdown of Special Damages: Past care: £1,000; Miscellaneous: £200.
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