Article by Tom Walshaw and Helen Greenwood
The following report summarises recent awards for general damages made by the courts in civil claims, or by the Criminal Injuries Compensation Board.
|
Part of Body/Nature |
Case |
Court/Judge |
Date |
Age and gender |
Brief Details |
Award £ |
|
Facial scars |
Pearson (A Child) -v-Maid Marian Food Stores |
Nottingham County Court / D J Reeson |
Dec 2001 |
5 Female |
Attack by dog. Bite injury to right cheek, scratches to chin, behind right ear and along left thigh. 3cm scar on cheek requiring suturing. Scar 2.3cm long by 4mm, Readily apparent on inspection at conversational distance. Revision surgery possible. Sleep disturbance for 6 months, nightmares for 2-3 months. Phobia of dogs for 1 year. |
7,500.00 |
|
Neck |
Cerikan -v- Naismith |
Cheltenham County Court / D J Reed |
Dec 2001 |
42 Male |
Road Traffic Accident. Whiplash injury to neck. Pre-accident symptoms of cervical spondylitis significantly aggravated. Severe neck pain and headaches. Difficulty sleeping for 6 months. Unable to drive. Required help with personal care and housework. After 6 months neck pain and headaches improved considerably. Return to pre-accident state 10 months after accident. |
4,000.00 |
|
Severe brain Damage |
Kilbride -v- Leeds NHS Trust |
QBD/ Judge Cockroft |
Oct 2001 |
20 Female |
Bowel surgery performed due to severe inflammation of the colon. Claimant became septicemic with associated restriction of oxygen leading to respiratory cardiac arrest. Resulting brain injury caused psychotic thoughts, depression, childish behaviour, memory impairment and low concentration. Some incontinence. Incapable of managing own affairs or living independently. |
100,000.00 |
|
Respiratory organs and chest - spine below neck. |
Lomas -v- Leebetter |
Sheffield County Court / Judge Peter Jones |
Dec 2001 |
41 Male |
Road Traffic Accident. Soft tissue injuries to wrist, knee and neck all resolved within 2 months. Chest injury involving upper ribs resolved within 18 months. Damage to nerve in thigh causing permanent numbness. Soft tissue injury to upper lumbar spine, settled in 18 months. History of lower lumbar back pain pre-accident. 2 year acceleration. |
6,500.00 |
|
Hand |
Harvey -v- Tesco Plc |
Pontypridd County Court / D J Doel |
Jan 2002 |
73 Female |
Fall on left (non-dominant) hand causing fracture to arm adjacent to wrist. Plaster cast worn for 6 weeks. Pain and stiffness suffered daily for 3 months post-accident. Mobility gradually recovered. Difficulty with domestic tasks. Small cosmetic defect due to deviation in wrist bone. All symptoms resolved within 18-24 months. Bony abnormality permanent, but did not constitute functional impairment. |
4,000.00 |
|
Hearing and Speech |
Warne -v- Octavius Hunt Limited |
Mayors and City of London County Court / Judge Simpson |
Jan 2002 |
65 Male |
Firework explosion on ground causing hearing loss, categorised as moderate to severe. Intermittent tinnitus in left ear prior to accident.Testing revealed average loss in both ears had increased by factor of ?, entirely due to accident. Loss permanent. Rate of deterioration unaffected by accident. Unable to distinguish sounds, difficulty with conversations when not face to face and with background noise. Reduced social activities. |
10,000.00 |
|
Psychiatric damage |
Meek -v- Lewis |
Gloucester County Court / D J Ing |
Dec 2001 |
24 Male |
Refuse collector sustained hypodermic needlestick injury to leg. Physical injury minor, but suffered depression, distress and irritability due to possibility of contracting AIDS/hepatitis B. Increased alcohol intake. Anxiety settled after 9-10 months when informed had not contracted any disease. |
2,625.00 |
|
Minor injuries -shoulder |
Bakin -v- Wall |
Worksop County Court / D J Toombs |
Dec 2001 |
54 Male |
Road traffic accident. Stiffness and tenderness in neck and right shoulder. Bony injury excluded. Neck symptoms resolved within 3-4 weeks. Right shoulder symptoms reduced in intensity over time. Off work for 2 weeks. Could not drive for 2-3 months. Difficulty lifting arm above shoulder, grip in right dominant hand affected. Symptoms not continuing beyond 20 months. |
3,300.00 |
|
Elbow |
Chapman -v- Carroll |
Bristol County Court / Judge Roach |
Sept 2001 |
21 Female |
Fall causing fracture to left (non-dominant) elbow. Significant pain and sling worn for 2 weeks. Ongoing pain and discomfort for 2 months. Intensive physiotherapy for 2 months. Intermittent aching thereafter. Sporadic discomfort 1 year after accident. Occasional aching in cold weather 3 years post-accident. No risk of osteoarthritis. |
4,000.00 |
|
Teeth |
Lodge (A Child) -v-Kirklees MBC |
Huddersfield County Court / D J Harrison |
Oct 2001 |
11 Male |
Fell and badly damaged upper left central incisor splinted to adjacent teeth. Nerve removed from tooth, metal post inserted. No pain, but could not eat hard food. Persistent infection around root. Small chip in crown.Tooth likely to last only 1-2 years post-accident. Denture necessary until Claimant stopped growing, thereafter implants required. |
2,700.00 |
|
Police Assault |
O’Brien & Ors -v-Commissioner of Police for the Metropolis |
QBD / Buckley J |
May 2002 |
14 Male |
Claimant arrested when attempting to intervene in the treatment of his father, who subsequently died while being held to the ground by officers. He sustained minor soft tissue injuries. Damages awarded for false imprisonment (1 hour), PTSD and assault. |
40,000 |
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.