Car Accident Shoulder Injury Victim Awarded £7,300 Compensation

03 January 2019

Client Situation

Miss T was driving her car in October 2012 when the driver of another car collided with the rear of her vehicle. After the road accident, she suffered with severe pain to her back, neck and shoulders. She required 8 sessions of physiotherapy as a result. She had been recommended to undertake further treatment, but she was uncomfortable with this recommendation so chose not to go ahead with this.

Miss T had to take 1.5 days off work following the accident and then was only able to perform light duties when she returned. At home, she was severely restricted immediately after the accident, especially when it came to housework and cooking. She also had difficulty sleeping. In addition, she was unable to exercise for a long time.

How We Helped

Miss T contacted our Personal Injury Solicitors, who agreed to take on her claim. She received two medical examinations as well as an MRI scan of her shoulder, which showed that the shoulder pain she was suffering was caused by tendonitis and bursitis, as well as a tear to a tendon.

The MRI scan also showed that the client had some underlying degenerative changes in her shoulder which the accident accelerated. Had the accident not happened, she wouldn't have felt any pain from this degeneration for another 2-3 years so we had to take this into consideration when valuing the claim.

Our Personal Injury Solicitors then obtained further supplementary reports from an orthopaedic expert in order to confirm the required treatment and prognosis period for Miss T's injuries.

We then carried out a full assessment of the claim and valued this within the region of £6,800 to £7,300. We advised Miss T, however, that her decision not to go ahead with some of the recommended treatment could have a negative impact on her claim and on the amount of compensation that she would receive, as it could be viewed that she was not mitigating the damage.

Due to the length of time it was taking for Miss T's injuries to resolve we had to issue limitation proceedings to ensure we safeguarded her position, and to enable us to continue to obtain evidence in support of her injuries.

The Outcome

We then negotiated this settlement figure with the other side, on Miss T's behalf. Despite Miss T having decided to not go ahead with the recommended treatment, we achieved a settlement in the sum of £7,300, which was the very top end of the valuation. In addition to this, all of Miss T's treatment fees were also agreed.

The client was very happy with this settlement and with the compensation she received.

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