B v ESURE INSURANCE LTD (2020)

Published in the July edition of Lawtel.

B v ESURE INSURANCE LTD (2020)

Total Damages: £2,965 (£2,960.95 RPI)

PSLA: £2,950 (£2,945.97 RPI)

Trial/settlement date: 23/3/2020

Type of Award: Out of Court Settlement

Court: Out of Court Settlement

Age at trial: 21

Age at injury: 21

Sex: Male

The Claimant, a 21-year-old man, received £2,965 for the soft tissue injuries to the neck and back he sustained in a road traffic accident in September 2019 and the travel anxiety he experienced. The Claimant recovered from his neck pain and travel anxiety within six months and his back pain was expected to resolve in ten months from the date of the accident.

Road traffic: The Claimant (C) male, aged 21 at the date of the accident and the date of settlement, sustained injuries on the 9th September 2019 whilst travelling as a front seat passenger in a vehicle driven by the defendant’s insured (D). The accident occurred when D turned into the path of an oncoming vehicle causing that vehicle to collide with the driver side of D’s vehicle.

C sustained injuries and brought an action against D alleging negligence.

Liability admitted.

Injuries: C suffered pain and stiffness in his neck and thoraco-lumbar spine. At the time of the examination almost two months post-accident, C’s injuries remained severe in nature resulting in restricted movement. It was recommended that C undergo a course of physiotherapy of which C attended one session before being discharged. Along with the physical injuries sustained in the accident, C also suffered from fear of travel. At the time of the examination, that was moderate and ongoing and while this did not prevent travel it did make C more wary when travelling in a vehicle.

While C did not take any time off work following the accident, he did experience pain and difficulties when performing his normal duties. His ability to carry out household tasks was also restricted, and he relied heavily on his mother and his sister to assist with tasks such as cooking, cleaning, vacuuming, self-care, providing massages and washing his clothes all of which C managed independently prior to the accident. C’s contribution to the domestic tasks began to gradually increase two months from the date of the accident. C’s social life was also affected as a result of the injuries he sustained as he found it difficult to play football and socialise with his friends for several months.

Out of Court Settlement: £2965 total damages

Breakdown of General Damages: Pain, suffering and loss of amenity: £2950

Simmons v Castle [2012] EWCA Civ 1288 10 per cent uplift: applied.

Total injury duration: 10 months

Express Solicitors Ltd (Manchester) for the claimant.

This Quantum Report was provided courtesy of Charlotte Nightingale of Express Solicitors Ltd, solicitor for the claimant.

Document No. AM0203665

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