Background

On 06/06/2012 C was walking to a dental appointment.  She used a Rollator to assist with mobility but could walk long distances with it.  As she was walking along the pavement towards the dental surgery, D suddenly and without warning reversed his car out of a driveway knocking C and her Rollator to the ground.  

C was hit on the right side and the back wheel of the car reversed over her right calf.  D got out of his car once he realised that he had hit C, but failed to secure the handbrake resulting in the car rolling backwards and knocking into C's left leg.    

An ambulance was called and C was taken to hospital where she was diagnosed with a de-gloving injury to her right leg and bruising and swelling to her left leg, foot and knee.   

C's wound was cleaned and dressed and she was discharged from hospital the next day.  

Medical Evidence

Prior to the accident C was living independently, she lived alone in her house and had an active social life.

The opinion of a Consultant Plastic Surgeon was sought, and it was confirmed that C had suffered a de-gloving in jury to her right leg and a rollover injury to her left foot.  She was expected to recover from her injuries by November 2013.

After her discharge from hospital C had her wound dressed by district nurses 3 times a week initially and thereafter reducing to 2 times a week for at least 6 months. She suffered infection and was re-admitted to hospital for debridement of the open wound.  At the time of settlement C continued to have the wound dressed. C also had 13 sessions of physiotherapy to assist with mobility.  As a result of the accident C has been left with a 20 x 30cm scar on her right leg.

The injuries have left C with reduced mobility in her lower limbs and the accident also  reduced her confidence in walking and ability to look after herself in an independent fashion.  The injuries impacted on C's activities of daily living. She was unable to leave the house alone, and was unable to walk far or go shopping.  She noticed that her ability to concentrate had diminished and this interfered with her hobby of painting and her translation of Buddhist texts.

C required additional assistance with household chores.

The prognosis was that the skin on her right leg would remain vulnerable and she would always be prone to injury from trivial trauma. 

Legal Proceedings

C sought damages for personal injuries and losses suffered as a result of D's negligence. A Letter of Claim was sent to D on 05/09/2012 and an admission of liability was made on 28/02/2013.

The parties reached an amicable settlement of the claim in the sum of £15,000 on 19/04/2013.

Settlement

The claim was settled on a global basis however, a rough breakdown of the settlement figure is as follows:

General damages: £12,000

Special damages: £3,000

D also agreed to pay C's costs of the case, which had been run under a Conditional Fee Agreement, and was subject to a fixed success fee.

For the Claimant:  Solicitor:  Sarah Towler, Russell-Cooke

For the Defendant:  Acromas Insurance Company Ltd