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Severe Car Crash Injuries
Severe Crush Injuries
Mcmahon V Robert Brett & Sons Ltd (2003)
The claimant was entitled to £30,000 damages for her handicap on the labour market due to her constant pain following a road traffic accident in which she sustained severe crush injuries. The claimant was entitled to recover damages for alternative medical treatment.
Road Traffic - Negligence - Personal Injury - Damages
QBD (Cox J) 31/10/2003
LTL 31/10/2003 EXTEMPORE (Unreported elsewhere)
Document No.: AC9607024
Car Crash Damages
The claimant was entitled to £30,000 damages for her handicap on the labour market due to her constant pain following a road traffic accident in which she sustained severe crush injuries. The claimant was entitled to recover damages for alternative medical treatment.
Action by the claimant for damages following a road traffic accident on 26 June 1998 in which the claimant suffered severe crush injuries. The claimant's vehicle was struck by the defendant's lorry. The claimant suffered a severe crush injury to her sixth thoracic vertebra, a dislocated sternum, wrenching injuries to her clavicle and injuries to her cervix. The claimant underwent reconstructive surgery using metal plates and bone grafts.
Severe Car Crash Compensation Award
The claimant remained in a full body cast for three months, and in a mobile cast for a further three months. As a result of the accident the claimant was left with constant aching pain and required daily pain medication. The claimant attended a pain management clinic to assist her to cope with her pain. The medical evidence indicated that the claimant would be left in pain for the rest of her life. General damages were agreed at £35,000 but the parties were unable to agree on a number of other heads of damages in particular:
(i) the amount of damages payable for the claimant's handicap on the labour market; and
(ii) whether the claimant could recover damages for an alternative medical treatment.
HELD: (1) The sum of £30,000 was an appropriate figure for the claimant's handicap on the labour market. The evidence indicated that the claimant would over the remaining 35 years of her working life be out of work for 2 years because of the difficulty in finding a job compatible with her continuing disability.
(2) The expert medical evidence indicated that aromatherapy which the claimant had received was of no medical benefit to her. However it had been recommended to the claimant as part of her pain management therapy. In addition the claimant's evidence was that it had helped her overcome her pain. In those particular circumstances the claimant was able to recover damages under this head.
Judgment accordingly.
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Severe Car Crash Injuries
Severe Crush Injuries
Mcmahon V Robert Brett & Sons Ltd (2003)
The claimant was entitled to £30,000 damages for her handicap on the labour market due to her constant pain following a road traffic accident in which she sustained severe crush injuries. The claimant was entitled to recover damages for alternative medical treatment.
Road Traffic - Negligence - Personal Injury - Damages
QBD (Cox J) 31/10/2003
LTL 31/10/2003 EXTEMPORE (Unreported elsewhere)
Document No.: AC9607024
Car Crash Damages
The claimant was entitled to £30,000 damages for her handicap on the labour market due to her constant pain following a road traffic accident in which she sustained severe crush injuries. The claimant was entitled to recover damages for alternative medical treatment.
Action by the claimant for damages following a road traffic accident on 26 June 1998 in which the claimant suffered severe crush injuries. The claimant's vehicle was struck by the defendant's lorry. The claimant suffered a severe crush injury to her sixth thoracic vertebra, a dislocated sternum, wrenching injuries to her clavicle and injuries to her cervix. The claimant underwent reconstructive surgery using metal plates and bone grafts.
Severe Car Crash Compensation Award
The claimant remained in a full body cast for three months, and in a mobile cast for a further three months. As a result of the accident the claimant was left with constant aching pain and required daily pain medication. The claimant attended a pain management clinic to assist her to cope with her pain. The medical evidence indicated that the claimant would be left in pain for the rest of her life. General damages were agreed at £35,000 but the parties were unable to agree on a number of other heads of damages in particular:
(i) the amount of damages payable for the claimant's handicap on the labour market; and
(ii) whether the claimant could recover damages for an alternative medical treatment.
HELD: (1) The sum of £30,000 was an appropriate figure for the claimant's handicap on the labour market. The evidence indicated that the claimant would over the remaining 35 years of her working life be out of work for 2 years because of the difficulty in finding a job compatible with her continuing disability.
(2) The expert medical evidence indicated that aromatherapy which the claimant had received was of no medical benefit to her. However it had been recommended to the claimant as part of her pain management therapy. In addition the claimant's evidence was that it had helped her overcome her pain. In those particular circumstances the claimant was able to recover damages under this head.
Judgment accordingly.
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