Whiplash Quantum Update

profile_colin_richmond1 By Colin Richmond

It is now roughly six months since my last quantum update, so I thought that it would be useful to post details of some new cases that have been reported over the past few months. It is becoming more common to see the 10% Simmons v Castle uplift applied as older, CFA uplift, cases begin to tail off.

The link to my previous post is:

https://zenithpi.wordpress.com/2015/01/13/whiplash-quantum-update/

A (A Child) v Rahman (2015) – Lawtel AM0202699

The claimant, C, a four-year-old boy, was injured in a road traffic accident in December 2012.

C suffered neck pain, which resolved after four days. He experienced an increased desire to be held, sleep disturbance and anxiety when travelling as a passenger, all of which resolved by three weeks after the accident date. He suffered from shock for three days.

General damages at current values of £1,000 (including 10% uplift) were agreed and approved by the court.

Hayes v Davies (2015) – Lawtel AM0202696

The claimant, C, a 33-year-old woman, was injured in a road traffic accident in March 2014.

C suffered a whiplash injury to her neck, with pain radiating into her shoulders. Her symptoms resolved after eight months. She experienced travel anxiety of similar duration. C experienced pain in her lumbar spine for two days and shock for a similar period.

As a result of her symptoms C was restricted in domestic activities, a problem that was ongoing at the date of the medical examination, approximately three months post-accident.

General damages at current values of £2,614 (including uplift) were awarded.

Z (A Child) v Mary Kakassery (2015) – Lawtel AM0202694

The claimant, C, an eight-year-old girl, was injured in a road traffic accident in April 2014.

C experienced moderate pain and discomfort to her neck. She visited her GP and was advised to use painkillers. At the date of the examination, three months post-accident, her symptoms had improved and were of mild intensity.

C suffered from flashbacks for three months.

As a result of her symptoms C’s studies were mildly restricted, although she was not absent from school.

C’s symptoms were expected to resolve by between five and seven months post-accident and indeed did resolve by the predicted seven months.

General damages at current values of £2,211 (not including uplift) were awarded.

S (A Child) v Mary Kakassery (2015) – Lawtel AM0202691

The claimant, C, a seven-year-old girl, was injured in a road traffic accident in April 2014.

C sustained moderate pain and discomfort to her neck and back. Her symptoms were mild by the date of the medical examination, three months post-accident.

In addition to her physical symptoms C experienced moderate travel anxiety and mild nightmares, which were ongoing at the examination date.

As a result of her symptoms C was absent from school for two days and her studies were mildly restricted.

C’s symptoms resolved by 10 months after the date of the accident.

General damages at current values of £2,765 (not including uplift) were awarded.

Williams v EUI Ltd (2015) – Lawtel AM0202678

The claimant, C, a 21-year-old woman, was injured in a road traffic accident in February 2015.

C sustained a hip injury which resolved within two weeks of the accident date and a shoulder injury which resolved within one month. She experienced neck and back symptoms which took 12 months from the date of the accident to recover.

As a result of her symptoms C was unable to work or attend university for one week, was unable to wear high heels for one month and could not complete domestic chores for a period of between four and six weeks.

General damages at current values (including uplift) of £3,877 were awarded.

Hannah Davies v Samuel Kelly (2015) – Lawtel AM0202650

The claimant, C, a 25-year-old woman, was injured in a road traffic accident in November 2013.

C experienced pain and stiffness to her neck, thoracic spine and shoulders, which caused difficulty in caring for her 16-month-old son. She attended A & E and took paracetamol. She did not undergo a course of physiotherapy that was recommended. At examination, two months post-accident, C’s neck and thoracic spine flexion were restricted to 70% of normal. Her symptoms resolved by eight months after the accident date.

General damages at current values of £2,732 (including uplift) were awarded.

Officer v Reid (2015) – Lawtel AM0202674

The claimant, C, a 37-year-old woman, was injured in a road traffic accident in March 2014.

C sustained soft tissue injuries to her shoulder and neck, the shoulder injury resolving after 13 months with the neck injury taking four months to recover. C experienced travel anxiety for 13 months. In addition, C experienced a six week virus resulting in bronchitis and pneumonia, which she felt was caused or exacerbated by the stress of the accident.

As a result of her symptoms C took five weeks off work as an advocate and her hobby of running was restricted.

General damages at current values of £5,313 (including uplift) were awarded.

Adam Sussex v Charlotte Parkinson (2014) – Lawtel AM0202652

The claimant, C, a 25-year-old man, was injured in a road traffic accident in November 2013.

C sustained a soft tissue injury to his neck, with the most painful symptoms lasting four weeks. He visited his GP once and took painkillers for seven days. At the medical examination, three months post-accident, C had tenderness to his neck and movement was restricted to 80% of normal.

C’s symptoms resolved by six months after the date of the accident.

General damages at current values of £2,258 (including uplift) were awarded.

L (A Child) v Rushton & MIB (2014) – Lawtel AM0202658

The claimant, C, a 13-year-old boy, was injured in a road traffic accident in August 2012.

C sustained a soft tissue injury to his neck which, at its worst, he described as being 8/10, with 10 being the worst pain he had ever felt. He also experienced pain in his right shoulder and headaches. The medical evidence confirmed that the symptoms persisted for three months before resolving.

In addition to his physical symptoms, C experienced travel anxiety for six months.

General damages at current values of £1,932 were awarded.

Rebecca Hood v TGI Fridays Ltd (2015) – Lawtel AM0202677

The claimant, C, a 22-year-old woman, was injured in a slipping accident in May 2012.

C sustained a soft tissue injury to her lumber spine. She required a course of osteopathy and needed assistance with domestic duties for two to three months. Her symptoms resolved by 18 months after the date of the accident.

General damages at current values of £5,035 (not including uplift) were agreed.

Kirsty Pickles v Lauren Haigh (2015) – Lawtel AM0202651

The claimant, C, a 30-year-old woman, was injured in a road traffic accident in March 2014.

C sprained her lumbar spine, strained her right shoulder and experienced travel anxiety. The worst effects of her injuries lasted for four weeks and she had restricted back and shoulder movement when examined two months post-accident.

C’s shoulder and anxiety symptoms resolved eight months after the date of the accident, with her back symptoms taking 14 months to resolve.

General damages at current values of £4,050 (including uplift) were awarded.

Naseri v Esure Services Ltd (2014) – Lawtel AM0202601

The claimant, C, a 24-year-old man, was injured in a road traffic accident in December 2013.

C sustained soft tissue injuries to his neck, back and left shoulder. He was unable to attend the gym for one month following the accident. His symptoms were expected to recover within 12 months of the accident date.

General damages at current values of £3,217 (including uplift) were awarded.

Gomes v Bowden (2014) – Lawtel AM0202614

The claimant, C, a 40-year-old man, was injured in a road traffic accident in October 2012.

C sustained a whiplash injury to his neck and a soft tissue injury to his right knee. His symptoms were expected to resolve within 24 to 27 months after the date of the accident.

General damages at current values of £5,617 (not including uplift) were agreed.

DD (A Child) v Aviva (2014) – Lawtel AM0202649

The claimant, C, a two-year-old boy, was injured in a road traffic accident in August 2013.

C suffered neck, chest and shoulder pain, which resolved after six months. He experienced problems with crying and sleep disturbance for between six and eight months. He experienced sleep disturbance.

General damages at current values of £2,407 (including uplift) were awarded.

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2 comments

  1. […] Richmond provided us with his Whiplash Quantum Update considering new cases that have been reported over the last six […]

  2. […] Richmond provided us with his Whiplash Quantum Update considering new cases that have been reported over the last six months (July […]

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