Psychiatric Injury Claim

Fretwell V (1) Whittaker (2) Harpin (2003)

The claimant, a 63-year-old man, received £86,800 for the psychiatric injuries sustained as a consequence of two separate road traffic accidents. The claimant suffered a minor whiplash injury and post-traumatic stress disorder (or an adjustment disorder), anxiety and depression in the first accident, but returned to work. He could not return to work after his second accident which aggravated his symptoms.

Sheffield County Court (Mr Recorder Oldham) 23/10/2003

LTLPI 5/11/2003 (Unreported elsewhere)

Document No.: AM0200532

Claimant: Male: 58 years old at date of accident; 63 years old at date of award.

Road Traffic Accident: In October 1998, the claimant, who was driving a concrete mixer vehicle, was involved in an accident when a car drove into the side of his truck. Immediately after the accident, the claimant saw one of the passengers hanging out of the car and believed that she had been killed.

In June 1999, the claimant was involved in a second road traffic accident, when a car cut in-front of him on a dual carriage way and caused minor damage to the front of his truck.

The claimant sustained injuries and brought actions against the defendants alleging that they were negligent in their driving, which caused the accidents.

Liability admitted in both accidents.

Injuries: The claimant suffered a minor whiplash injury, post-traumatic stress disorder and depression.

Effects: The claimant's whiplash injury resolved after two weeks. However, the experience of the first accident and witnessing one of the passengers in the car, whom he believed to have been killed, caused the claimant to suffer from post-traumatic stress disorder ('PTSD'), anxiety and depression, which resulted in the claimant having to take two weeks off work.

The claimant returned to work whilst continuing to suffer from PTSD, anxiety and depression and he also began to suffer from flashbacks of the accident, particularly regarding the injured passenger in the car. He continued to work for seven months and gradually improved.

During the second accident in June 1999, the second defendant ('D2') was angry and aggressive towards the claimant at the scene. The accident was not however serious enough to qualify as an horrific event so as to trigger PTSD within DSM IV.

The claimant continued to work for four weeks, but he suffered from deepening anxiety and depression and was consequently unable to return to work. He was treated with the anti-depressant paroxetine and sought counselling from a psychiatric hospital and took a course in anxiety management. In the four years between the second accident and the trial, the claimant was unable to work or enjoy his pre-accident hobbies and he consequently socialised less. He claimed that he lost his joy for life and became angry and lacking in confidence.

Both parties' medical experts declared the claimant unfit for work which involved driving, but by 2001, his psychologist believed that he was capable of seeking other work. The medical experts also agreed that the first accident had triggered his psychiatric condition and that the second accident had exacerbated it.

Prognosis: By the time of the trial, the claimant was suffering only mild depression and anxiety. He had become more social, but was still on anti-depressants. It was agreed that these mild symptoms would remain permanently. Neither medical expert expected the claimant to find any alternative work at 63, taking into account his age and that his work history was in HGV driving and he was no longer able to do this.
Court Award: £86,800 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £15,000; Future loss of earnings: £17,000.

Breakdown of Special Damages: Past loss of earnings: £45,000; Expenses: £2,000.

Background to damages: The claimant's pain and suffering caused by both accidents put him into the JSB category of "moderately severe" psychiatric injury