PI Brief Update

Case Summary: S v K - Karen Cawood, Spencers Solicitors

10/12/19. Case Name: S v K, Accident Date: 04/11/2014, Settlement Date: 01/05/2019, TOTAL GROSS SETTLEMENT: £40,000.00

Background

The Claimant, age 34 at the time of the accident, suffered injuries to his neck and back which were entirely attributable to the accident.

The Claimant underwent physiotherapy and was referred for a lumbar x-ray.

The Consultant Orthopaedic Surgeon confirmed that the Claimant had suffered musculo-ligamentous symptoms affecting his neck and shoulder blades and disruption of the L5/S1 inter vertebral disc, resulting in an acute sharp stabbing pain and intermittent tingling and numbness. On the balance of probabilities, these symptoms were the result of an acute annular tear in the lower back which occurred in the index accident; and degenerative changes in the disc were found and confirmed as pre-existing. Symptomatic changes in the spine have been accelerated by a period of 10 years.

The low back symptoms affected the Claimant's ability to undertake work requiring bending, lifting or prolonged driving. His ability to care for his young daughter was also affected.

The medical expert noted that the Claimant had elected to undergo conservative treatment that had not been particularly successful and that he may need to obtain a surgical opinion regarding a disc replacement.

The Claimant also suffered with irritability and frustration and an increased awareness whilst driving but these did not approach psychiatric level.

The Claimant took four weeks off work and returned on lighter duties. Light duties were recommended on a permanent basis. He was also restricted in sporting activities.

There was a 25% chance of the Claimant requiring surgery and intervention from a pain clinic.

Liability

On 4 November 2014 the Claimant had been proceeding in the middle lane of the motorway. As the Claimant was overtaking a lorry it pulled out behind him and collided with the rear passenger side of the Claimant's vehicle. As a result of the collision the Claimant's vehicle was propelled into the outside lane, struck the central reservation and then spun back into the middle lane of the motorway. The Claimant suffered personal injury and associated losses as a result.

The Defendant's insurers admitted liability for the accident.

Quantum

The Claimant, age 38 at the time of settlement received; £40,000.00.

No breakdown was given however the Claimant's solicitors estimate the following:
PSLA - £15,000.00
Special damages - £25,000.00

Solicitors for the Claimant: Karen Cawood of Spencers Solicitors Limited

Solicitors for the Defendant: Kennedys Law; Sheffield

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