WHIPLASH QUANTUM UPDATE

colin_richmondBy Colin Richmond

There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.

I have picked out some recently-reported whiplash cases, those being the sort of injuries most practitioners see on a daily basis.

McTiernan v Smith (2014) – Lawtel AM0202594

The claimant (C) was injured in a road traffic accident in May 2013.

As a result of the accident, C suffered a soft tissue injury to his neck, along with some mild psychological anxiety.

C underwent a course of 16 sessions of physiotherapy. He experienced reduced mobility and stability and had postural difficulties and pain. The prognosis was that his physical symptoms would resolve by 15 months after the date of the accident, with his psychological symptoms resolving over a 12 month period.

General damages at current values of £4,269 were agreed, including the 10% uplift.

C v Mahmood (2014) – Lawtel AM0202592

The claimant (C) was injured in a road traffic accident in October 2013.

As a result of the accident C suffered soft tissue injuries to her neck and thoracolumbar spine. The neck pain radiated into her right shoulder and she experienced lower back pain and stiffness. She did not suffer travel anxiety, but was more wary generally when driving. A medical expert recommended seven sessions of physiotherapy.

C was absent from work for one week. She found domestic duties more difficult than usual and her sleep was affected. The prognosis was that C should fully recover by seven to eight months after the accident date.

General damages (as part of a global settlement) at current values of £2,320 were agreed.

C v Dale (2014) – Lawtel AM0202591

The claimant (C) was injured in a road traffic accident in May 2013.

As a result of the accident C suffered headaches and severe pain, stiffness and discomfort in her neck. She experienced moderate and occasionally severe back pain, along with travel anxiety and discomfort.

C’s domestic duties and lifting were initially severely restricted, as was her sleep. She was unable to take part in boxing or to attend the gym.

C’s headaches resolved within three months of the accident date. Her neck symptoms resolved within four months, with her back pain expected to resolve 10 months after the date of the accident. Her travel discomfort was expected to resolve within 12 months.

General damages (as part of a global settlement) at current values of £3,337 were agreed.

Braham v Allianz Insurance plc (2014) – Lawtel AM0202508

The claimant (C) was injured in a road traffic accident in November 2013.

He suffered from moderate neck pain, but did not require any treatment at the scene. He did not require medication or physiotherapy.

C was absent from his job as an engineer for two days and was initially restricted in playing with his son and carrying out DIY. His symptoms fully resolved two weeks after the date of the accident.

General damages (as part of a global settlement) at current values of £1,000 were agreed, including the 10% uplift.

Davies v Esure Insurance Ltd (2014) – Lawtel AM0202573

The claimant (C) was injured in a road traffic accident in December 2013.

C suffered soft tissue injuries to his neck and back. He was absent from work for one day and placed on light duties for two weeks upon his return. He was unable to carry out domestic chores for six weeks and unable to take part in boxing or carry out DIY or gardening for several months.

C’s back symptoms resolved within 24 hours, with his neck injury expected to resolve within 12 months of the accident date.

General damages at current values of £3,251 were awarded, including  the 10% uplift.

Wright v Thompson (2014) – Lawtel AM0202567

The claimant (C) was injured in a road traffic accident in May 2013.

C sustained soft tissue injuries to her neck and lower back, along with various anxiety symptoms. Cognitive Behavioural Therapy was recommended. The judge said, however, that there was grave concern that the psychological report had not been prepared by an expert in accordance with CPR 35 and that the author was not medically qualified. C had suffered a trivial psychological problem and not a recognised psychological disorder.

C’s neck symptoms resolved over a period of nine months, her back symptoms having taken six months to resolve.

General damages at current values of £3,014 were awarded, including the 10% uplift.

Hughes v Esure Insurance Ltd (2014) – Lawtel AM0202479

The claimant (C) was injured in a road traffic accident in October 2013.

C sustained an injury to his neck and suffered from travel anxiety.

As a result of his injuries C was absent from his studies for one day and was unable to go to the gym. He underwent a telephone physiotherapy triage, but no further treatment.

C’s neck symptoms resolved within six months of the date of the accident, with his travel anxiety taking nine months to resolve.

General damages at current values of £2,813 were awarded, including  the 10% uplift.

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3 comments

  1. […] Colin Richmond produced a roundup of recently-reported personal injury settlements in whiplash cases in the Whiplash Quantum Update […]

  2. […] produced a roundup of recently-reported personal injury settlements in whiplash cases in the Whiplash Quantum Update (January […]

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