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Case Report: Mr R v Mr J Aslett - Helen Reynolds, Spencers Solicitors

02/08/19. Mr R v Mr J Aslett

Quantum: (Road traffic accident) Swelling of the left knee, neck and cervical injury, injury to left shoulder blade.

Settlement: £80,000

On 02 May 2015, the Claimant (aged 44 at the time of the accident) was driving a Mercedes Sprinter van when an oncoming vehicle veered onto the wrong side of the road, colliding with the car in front and the claimant’s vehicle. Liability for the accident was admitted by the insurers on behalf of the Defendant.

As a result of the accident the Claimant suffered injury to his neck, left shoulder and right knee. He also suffered psychological injury.

Orthopaedic Expert opinion confirmed that the Claimant had suffered a soft tissue neck injury which resolved within 2 months. In terms of the knee injury, the Claimant underwent physiotherapy and an MRI scan which showed some degenerative changes. The Claimant continues to experience symptoms of knee pain, which is constant although variable in severity. Discomfort is exacerbated by standing and walking. Expert opinion agreed that the Claimant was likely to require a knee replacement in the future. The Claimant’s expert considered that the accident was responsible for a chondral injury of the knee, which is the cause of the knee pain and likely future surgery. The Defendant’s expert considered that pre-existing asymptomatic degenerative changes were accelerated by the accident, by a period of around 10 years.

At the time of the accident the Claimant worked as a delivery driver. He was absent from work as a result of his injuries and was subsequently made redundant.

The experts agreed that the Claimant was unable to return to work as a delivery driver, although he was capable of sedentary or lighter physical work from 3 to 6 months post-accident.

In addition, the Claimant suffered an exacerbation of a mild pre-existing adjustment disorder, for a period of 2 months, during which time the Claimant suffered anxiety whilst driving.

The Claimant claimed special damages in relation to loss of earnings, travel expenses and other minor expenses, he also claimed future losses for disadvantage on the open labour market, and the future costs of surgery.

On 18 December 2018 the Claimant accepted an offer of £80,000.00 in full and final settlement of his claim. Although no formal breakdown was given, it is estimated as £30,000 PSLA, £30,000 past losses and £20,000 future losses.

Helen Reynolds of Spencers Solicitors represented the claimant and author.

Image ©iStockphoto.com/Mark-W-R