Out of court settlement

The claimant, a 47 year old lady received £7,750 when she suffered a 5th ray metacarpal injury and intermediate phalanx bony injury to her left hand as a result of a road traffic accident.

Background

On 1 June 2015 the Claimant, was injured in a road traffic accident whilst cycling.

The defendant’s van was parked on a street the claimant was cycling. The back door of the van was opened in to the path of the claimant. The claimant’s left hand smashed into the open van door. 

Injuries

The claimant suffered a 5th ray metacarpal injury and intermediate phalanx bony injury involving skin laceration to her small finger and two breaks in the 5th ray of her left hand.

The claimant underwent surgery under general anaesthetic on 5 June 2015. She had a k-wire fixation to the shaft fracture and screw fixation to the comminuted fracture. Her hand was put in a splint and her k-wires were removed on 30 June 2016.

The claimant had discomfort and struggled with activities of daily living. The medical report confirmed that she suffered from cold intolerance and stiffness in her hand as a result of the accident. She had a limitation in grip strength and composite flexion of the small finger which was likely to be permanent.

Legal proceedings

The claim was started in the PL Portal. The allegations against the defendant were that the rear door of the vehicle was opened when it was unsafe to do so and there was a failure to keep an adequate look out for or heed the presence of the claimant.

Liability was denied and the matter fell out of the PL Portal. However the defendant later admitted liability after being served with a witness statement from an independent witness.

Settlement

The claim was settled on a global basis for £7,750 however, a rough breakdown of the settlement figure is as follows:

General damages:      £7,250

Special damages:        £500 for past medical and travel expenses

The defendant also agreed to pay the claimant's costs of the case, which had been run under a Conditional Fee Agreement.

For the claimant: Solicitor:  Nimmisha Aslam, Russell-Cooke LLP

For the defendant:  Gallagher Bassett

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