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Case Summary: C v Toma (D) - Emma Melia, Spencers Solicitors

23/02/17. Case Name: C v Toma (D), Court Name: N/A, Case Number: N/A, Accident Date: 11/06/2014, Settlement Date: 21st July 2015, Total Gross Settlement £100,000.00

BACKGROUND

C was involved in a road traffic accident with D on 11th June 2014.

D who was driving at high speed, lost control of the vehicle, collided with the central reservation before then hitting the rear of C’s vehicle causing it to roll several times before going down an embankment.

C was knocked unconscious and subsequently airlifted to hospital having suffered multiple injuries including an unstable fracture of C5/C6, dislocated collar bone, fractured ribs and extensive abrasions.

C was employed as an external engineer for BT at the time of the accident and was still within his probationary period.

LIABILITY

Following careful consideration of the police report D’s insurers admitted liability on 26th January 2015.

QUANTUM

As a result of the spinal fracture C had a halo fitted to his skull secured by 4 pins. C remained in hospital for 7 days. He was discharged but told he would be required to attend hospital every 2 weeks to have the bolts tightened.

The halo was removed after 3 months and replaced with a collar which C had to wear for a further month. Following this C required intense physiotherapy treatment.

C developed hearing loss and bleeding from his right ear. He was seen by an ENT consultant who confirmed that the trauma to C’s neck had caused a degree of hearing loss. The level of hearing loss was identified at 15% and will remain permanent. C will benefit from hearing aids.

The Orthopaedic consultant confirmed that the neck injury will lead to some osteoarthritis of the cervical spine in the future.

Due to severe financial difficulties C returned to work 1 year post accident. This was against medical advice on the basis that there were limited lighter duties for him. C therefore returned to work albeit with real difficulty as he was in fear of losing his house.

C sustained significant abrasions to the right side of his face and right arm which left him with permanent scarring

On 9th July 2015 D’s insurers made a gross offer to settle C’s claim in the sum of £100,000.00 (gross) less £25,000 interim payments- £75,000.00 (net). C accepted the offer on 21st July 2 015 despite being advised it was too early to value his claim and he was at significant risk of being undercompensated. There was no organic evidence of brain injury and the extent to which C lost consciousness if at all was unknown. The Claimant engaged in intense rehabilitation under the Rehabilitation Code of Practice. The orthopaedic expert did not believe that C was at risk of developing arthritis.

Solicitors for the Claimant: Emma Melia

of Spencers Solicitors Limited

Counsel for the Claimant:n/a

Solicitor for the Defendant: The claim was settled prior to Solicitors being instructed

Counsel for the Defendant: n/a

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