Case Summary: D v S - Karen Cawood, Spencers Solicitors Limited
13/04/20. Case Name: D v S
Court Name: LEEDS
Accident Date: 11/04/2015
Settlement Date: 24/05/2019
TOTAL GROSS SETTLEMENT: £100,000.00
Background
On the 11th April 2015 the Claimant was driving his motor vehicle along the road between Filey and York. As he proceeded correctly along the road, a motor vehicle being driven by the Defendant and approaching from the opposite direction, crossed over into the Claimant’s path and collided with the Claimant’s vehicle causing it to spin and roll onto its roof. The Defendant was trying to change his radio and this is why he was on the wrong side of the road.
The Claimant was 41 years old at the time of the accident.
The Claimant suffered multiple injuries; L1 and L2 transverse process fractures, pelvic and acetabular fractures, a right radial neck fracture, a right lung contusion, a left shoulder injury, a right knee injury, a head injury with a brief loss of consciousness, lacerations, bruising and soft tissue injuries, along with travel anxiety.
The Claimant underwent open reduction and internal fixation of his complete acetabular fracture and spent a total of 59 days in hospital. For 12 weeks, twice a day, the Claimant required a carer and significant alterations to his home.
The Claimant also underwent an arthroscopy and arthroscopic debridement of the right knee.
It was concluded that the Claimant had been left with discomfort in the lower back which would give a low level of difficulty in the long term. He was also at risk of premature osteoarthritis in the right hip which would require a hip replacement; a 25% chance of a total hip replacement in the 10 years since the accident and a 60% overall lifetime chance.
The Claimant would also experience moderate levels pf pain and discomfort in the future and this would be permanent and he would require lifetime paracetamol and ibuprofen.
The Claimant was disabled as per the Equality Act 2010.
Liability
The Defendant in their Defence admitted liability.
Quantum
The Claimant; 45 years old at the time of settlement, received a global settlement of £100,000.00.
No breakdown was given; however the following is an estimate:
Special damages including future losses £26,000.00
General damages £74,000.00
Solicitors for the Claimant:
Karen Cawood of Spencers Solicitors Limited
Solicitors for the Defendant:
DWF LLP
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