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PI Brief Update

Case Summary: S v H - Steven Barke, Spencers Solicitors

07/10/22. Case Name: S v H

Accident Date: 30/01/2019

Settlement Date: 22/04/2022

TOTAL GROSS SETTLEMENT: £20,000.00

Background

The Claimant aged 65 at the time of the accident, sustained personal injuries due to a road traffic accident.

S suffered an 18-month neck and shoulder injury with associated left upper limb pain and an upper tooth was chipped with a fracture of the incisal edge and possible fracture of the upper right. S was unsure how the tooth was chipped in the accident. He developed soreness to his cheek and gum and whistling when he spoke on the telephone. S avoided social events due to the visible fracturing of the upper left incisor.

S suffered with moderate PTSD, which included flashbacks, nightmares and panic attacks. S was anxious of driving and wary of similar circumstances as the accident. S suffered with situational and travel anxiety. S suffered with disturbed sleep due to the physical and physiological symptoms.

S received counselling and physiotherapy. S had a problem with alcohol as a consequence of the psychological problems attributable to the accident. CBT was undertaken.

S had approximately 6 months off work and then returned to work in a phased manner. S only managed to work approximately 3 months before taking further time off. S had a further 9 months off work and returned on reduced hours.

S was unable to carry out any of the usual domestic chores and did not partake in any sports. S refrained from driving, initially for 6 months and then due to ongoing physical and more significantly psychological symptoms like anxiety and panic attacks, S had nine months from driving.

Liability

The Claimant was driving a vehicle, in slow moving traffic, that was shunted from behind, which had in turn been shunted by the Defendant’s vehicle. Liability was admitted.

Quantum

The Claimant, aged 68 at the time of settlement, settled the matter in the sum of £20,000.00. No actual breakdown was provided, but the Claimant feels the claim was valued as follows:

£10,000.00 General Damages

£1900.00 treatment costs

£1100.00 dental costs

£7000.00 loss of earnings and miscellaneous expenses

Solicitors for the Claimant

Steven Barke, Spencers Solicitors Limited

Image ©iStockphoto.com/Mark-W-R

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.