Claimant Receives £338,500

- 17 March 2008;

The claimant, a 27-year-old woman, received £338,500 for the numerous physical and psychological injuries sustained in a road traffic accident in March 2003. Her injuries included fractures, extensive scarring, lymphoedema and vaginal and rectal trauma.

Total Damages: £338,500

PSLA: £90,000 (£90,735.58 RPI)

Trial/settlement date: 11/9/2007

Type of Award: Out of Court Settlement

Age at trial: 27

Age at injury: 23

Claimant: Female: 23 years old at date of accident; 27 years old at date of settlement.

Road Traffic: On March 29, 2003, the claimant (C) was knocked off her bicycle when an unidentified car driver (X) opened a car door in front of her, the impact of which threw C off her bicycle onto a road with heavy traffic. Whilst C was lying in the road, a coach drove over her leg. When a member of the public alerted the driver of the coach to this, he inadvertently reversed back over C's leg.

As X was untraced, C submitted her claim to the defendant Motor Insurers' Bureau (D) under the terms of the Untraced Drivers' Agreement 2003.

C sustained injury and brought an action against D alleging that X‘s negligence had caused the accident.

Liability admitted.

Injuries: C suffered fractures to her leg and pelvis, serious degloving injuries to her right leg and foot, lymphoedema, vaginal and rectal trauma and scarring.

Effects: C was taken to hospital where she remained in the intensive care unit for 12 days. She was then transferred to another hospital where she spent a further 91 days. C also required three further in-patient stays for reconstructive surgery and numerous out-patient appointments.

As a result of the extensive scarring suffered by C, she required revision surgery. The vaginal and rectal trauma suffered included perineum laceration.

C also suffered from moderate to severe post-traumatic stress disorder and mild depression.

Following the accident, C was unable to indulge in activities involving body exposure due to her extensive scarring. The lymphoedema further restricted her activities.

Prognosis: C required a temporary colostomy for one year and was likely to suffer ongoing incontinence. Loss of sensation and damage to her lymphatic drainage system was permanent.

Arthritic changes were likely at 55 to 60 years. Permanent scarring to the right leg, pelvis, abdomen and perineum which led to cosmetic deformity were not amenable to revision surgery. Ongoing scar revision therapy and physiotherapy would be required.

There was a 25 per cent risk that C would require knee replacement surgery, a 30 per cent risk that she would suffer further impairment to her lymphatic drainage, and C would require regular hospitalisation for cellulitis and lymphoedema treatment.

Out of Court Settlement: £338,500 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £90,000; Future loss of earnings: £84,500; Smith v Manchester award: £25,000; Future care assistance costs: £37,000; Future hospital treatment costs: £26,000; Future travel costs: £9,000; Future miscellaneous costs: £7,000.

Breakdown of Special Damages: Past loss of earnings: £31,000; Past care and assistance costs: £11,500; Past miscellaneous costs, travel and interest: £17,500.

Motor Insurance Bureau under the terms of the Untraced Drivers' Agreement 2003 for the Defendant.

LTLPI 11/3/2008 (Unreported elsewhere)

This Quantum Report was provided courtesy of Lesley Payne of Harman & Harman, solicitor for the claimant.