RAMSHAW v MAKERSTUDY INSURANCE COMPANY LIMITED (2019)

Published in Lawtel July 2020

Total Damages: £6,060 (£6,116.52 RPI)

PSLA: £4,000 (£4,037.31 RPI)

Trial/settlement date: 29/7/2019

Type of Award: Out of Court Settlement

Court: Out of court settlement

Age at trial: 43

Age at injury: 41

Sex: Male

The claimant, a 43-year-old man, received £6,060 total damages for the injuries sustained in a road traffic accident in June 2017. She suffered soft tissue damage to the shoulders requiring steroid injections and the pain was expected to resolve after 12 months.

Road Traffic Accident: The claimant (C), male, aged 41 at the date of the accident and 43 at the date of settlement, shoulder injuries when, whilst driving along a one-way street on 10 June 2017, a car driven by a driver insured by the defendant (D) pulled out from a side road and collided with the driver’s side of C’s vehicle.

C sustained injury and brought an action against D alleging that it was negligent in failing to drive without reasonable due care and attention.

C developed shoulder pain 24-48 hours after the accident. He suffered a sharp shooting pain through the whole of the shoulder region, radiating down the arms and up into the lower neck. Around one week post-accident, C’s pain had not improved, and so he attended the GP. He was given at home exercises, but this was not helpful. C was also prescribed codeine and was told to take strong over-the-counter pain relief as and when required. C attended the GP two further times in relation to shoulder pain and was then referred to physiotherapy. C had six sessions in total over six months, but, again, this was unhelpful.

In March 2018, C paid for private investigations into the shoulder, and underwent an X-ray and MRI scan. The doctor decided that C needed steroid injections in the shoulders. These injections helped immediately and eased the pain that C was feeling. C’s injuries continued to improve and had fully recovered by May 2018.

C was a blacksmith and struggled to work during the period of injury. He had to lift horses’ legs and bend down to file their hooves and refit their shoes. This caused a lot of strain in the shoulders. However, as C was self-employed, he could not afford time off work, nor could he afford to lose clientele in his local area.

C struggled with basic tasks such as dressing and bathing and his partner helped with these tasks. C’s partner had also recently had a premature baby and C found it difficult not to be able to assist with care, such has holding and playing with the baby. He felt that this affected his ability to bond with his son during the early stages.

Prognosis: C was expected to recover within 12 months of the accident date.

Out of Court Settlement: £6,060 total damages

Breakdown of General Damages: Pain, suffering and loss of amenity: £4,000.

Breakdown of Special Damages: Care £200, Medication £20, Treatment costs £1,820, Miscellaneous expenses £20. Total £2,060.

Background to damages: The claim was initially dealt with using the Ministry of Justice’s Portal, however, D required sight of C’s medical records, and so Part 7 Proceedings were issued. The claim settled post-listing but prior to trial.

There was significant damage to the driver’s side of C’s vehicle, including dints and scratches. A separate claim was made for vehicle damage through C’s insurers and a full recovery was made from D.

Total injury duration: 12 months

Express Solicitors (Manchester) for the claimant.

This Quantum Report was provided courtesy of Hannah Mycock of Express Solicitors Ltd, solicitors for the claimant.

Document No. AM0203661

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