Case Summary: T v S - Helen Reynolds, Spencers Solicitors Limited
06/01/23. Case Name: T v S
Accident Date: 08/08/2019
Settlement Date: 19/07/2022
TOTAL GROSS SETTLEMENT: £31,000.00
Background & Liability
The Claimant aged 25, was involved in a road traffic accident, in which the Defendant failed to slow his vehicle and collided with the rear of the Claimant’s vehicle.
Liability was admitted by the Defendant’s insurers.
Personal Injuries
T worked in IT and was absent from work for 2 weeks following the accident. He saw his GP on many occasions and took pain killers.
Due to the symptoms, T was unable to play football, do the shopping, lift and carry his young child, do any of his hobbies or household chores.
Physiotherapy treatment was recommended, and the Claimant received extensive physiotherapy, and subsequently chiropractic treatment, however there were interruptions due to the Covid-19 pandemic.
Neck and shoulder symptoms resolved around 18 months post-accident and symptoms in the knees were attributed to the accident for 2.5 years.
However, 2.5 years post-accident and despite treatment, T continued to suffer with pain and a twitching sensation in his lower back with pins and needles in the left leg. An MRI scan was interpreted as normal. The Orthopaedic medical expert was unable to explain on the basis of orthopaedic cause and suggested that T was reviewed by a Rheumatologist.
T also suffered with significant psychological symptoms. He suffered with recurrent distressing memories and dreams of the accident. He would avoid travelling in a car as both a driver and a passenger and would not let his child in the car. T lost interest in some activities and felt detachment from others. T became irritable and angry on occasions, he had problems concentrating suffered disturbed sleep. T suffered with low mood and self-esteem, reduced appetite, lack of motivation, irritability and was tearful.
T did not drive for the first 3 months. Upon returning to driving, he was anxious and hyper-vigilant. He felt vulnerable and distrusted other drivers when it came to braking. He found he was compulsively mirror-watching. T avoided driving if he could and tried to rely on lifts.
Post-Traumatic Stress Disorder was diagnosed, and a course of psychological treatment was recommended.
The Claimant met the criteria for PTSD for 19 months (until the end of therapy) and subsequently suffered with an adjustment disorder, with anxiety and depressed mood.
The Psychological expert suggested that T would have the ability to overcome his symptoms with further treatment and driving lessons. A further 10 sessions of CBT with possibly EMDR was recommended along with a course of 6 advanced driving lessons, focussing on higher speed driving and motorways.
It was anticipated that the psychological symptoms would recede by the end of such treatment.
Upon disclosure of the medical evidence to date, and without evidence from a Rheumatologist, the Defendant accepted the Claimant’s Part 36 settlement offer.
Quantum
The Claimant aged 28 at the time of settlement, received an award of £31,000.00.
Estimated breakdown:
General damages £23,888.00
Past Treatment costs £3685.00
Replacement Child Seat & Pushchair £1250.00
Past Prescriptions & Medication £380.00
Past Travel Expenses £117.00
Future treatment £1500.00
Future driving lessons £180.00
Solicitors for the Claimant: Helen Reynolds, Spencers Solicitors Limited
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