Derby Accident Claim SolicitorsDerby Accident Claim Solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.Get in touch with Derby Accident Claim Solicitors by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Case Study

The retired claimant suffered pain in her neck and shoulder following a road traffic accident. She saw her GP with her symptoms two days after the accident, at which point a whiplash injury was diagnosed, painkillers were prescribed and advice given to monitor her blood pressure. The neck and shoulder symptoms and raised blood pressure resolved in a period of two weeks following the accident. She also developed anxiety, depression and insomnia. She complained of flashbacks, tearfulness, hot sweats and of a racing pulse on occasions. At the date of the examination at three months post accident, she was considered to be moderately anxious and moderately depressed. The evidence confirmed that the anxiety, depression and insomnia had arisen as a result of the stress of having been involved in the accident and cognitive behavioural therapy was recommended. The prognosis was for a recovery in a further eight months from the date of the examination (ie by 11 months post accident), provided she underwent a course of CBT. She received eight CBT sessions and the symptoms of anxiety and depression resolved in line with the expert’s prognosis. Initially the claimant had cancelled a trip to see her daughter as a result of anxiety experienced whilst driving. General damages £1,716.64.

Case Study 2

The claimant suffered a twisting injury to the fifth tarso-metatarsal joint of the right forefoot, involving some torn ligaments. Immediately after the accident he developed pain in his right ankle, mainly around the outside of the joint. He was taken to hospital where the ankle was examined and x-rays were taken. There was no evidence of a fracture. The claimant was advised that he had sustained a severe straining injury to the ligaments on the outer side of the ankle joint and was advised to rest and take pain relief. Over the next few days the ankle joint swelled up. During this time the claimant was unable to weight bear and his sleep was disturbed. He also took painkillers for relief. It was very difficult for him to wash as he had to keep his leg elevated. The ankle joint was acutely painful for the first week post accident. Steadily, the swelling and the pain in the ankle joint began to subside. The claimant was absent from school for a week because of his injury. On his return he still had difficulty standing and mobilising generally. He was unable to play sport at school for a month and did not return to rugby training for six weeks. After six weeks the ankle pain had settled completely.General damages £3k.

Case Study 3

The claimant was cleaning weeds from a pond at the defendant’s premises when he slipped and fell, injuring his left knee in the process. The pain gradually increased following the accident, although he was able to carry on working. By the following day, the pain in the knee was so severe that he could not bear weight on it. He attended his GP and then A&E. He was x-rayed, and given a brace, crutches and co-dydramol. He was referred to an orthopaedic surgeon, and for physiotherapy. The knee was extremely sore for several months. The brace was changed for a full plaster cast about three months after the accident. The cast was in place for a further month and then the brace was re-applied for several more months. He needed crutches for several months. An MRI scan was performed at around seven months post accident, followed by an arthroscopy about one month after this. Artifical synovial fluid was subsequently injected into his left knee. He was off work for around six months after the arthroscopy. When examined by a medico-legal expert around three months after the accident, he still had pain in his left knee, which was most marked when using stairs. The knee felt unstable when walking on slopes. Kneeling also hurt. Sitting in confined spaces eg in a car, at the cinema and on aircraft made his knee very sore. He used painkillers up to 6 times per month. He had had to give up gardening and driving and walking for long distances was difficult. On examination, the expert noted that the claimant was very tender over the medical and lateral femoral condyles of the left knee, and displayed patello-femoral crepitus. There was pain on full extension. The expert concluded that the claimant’s knee had been at an early stage of osteoarthritic degeneration, and had been vulnerable to injury. The expert thought that the claimant had suffered an episode of synovitis, which but for this degeneration would have lasted 3–6 months. He thought that the claimant had suffered from symptoms of synovitis directly attributable to his injuries for about 6–12 months. The expert also thought that the claimant had undergone an acceleration of degenerative change by around 2–3 years, with the need for treatment to his knee, and the loss of amenity suffered, having been brought forward by a corresponding period.General damages £5.5k.

Case Study 4

The claimant suffered a Smith’s fracture to the left, non-dominant wrist. She fell to the ground and forcibly struck the back of her left wrist on impact. Afterwards, the claimant’s hand was bent into an ‘S’ shape. She was immediately taken to A&E. An x-ray was taken which confirmed that she had broken her left wrist. Under a regional aesthetic block the wrist was manipulated and a plaster was applied. Due to the severity of the fracture the plaster was applied not just to the wrist but was extended above the elbow. The claimant had her plaster on for some 7 weeks. She went to the hospital for review during this time. When the plaster was removed the fracture had healed. After the plaster was removed she underwent physiotherapy on the wrist for 4 months to assist in mobility. The physiotherapy was only of limited benefit. During the time that the claimant was in plaster, she required considerable help with household chores from her family. Dressing, washing and cooking were all restricted. She was also unable to go shopping. She required help with vacuuming and ironing. On examination at some 15 months post accident, she still suffered from intermittent pain at the fracture site with ongoing daily stiffness in the fingers of the left hand. She was also unable to close her fingers fully and so her grip strength had been considerably impaired. Although the claimant was right hand dominant she became more reliant on her right hand than before, especially with lifting things. She could lift a cup of tea with her left hand, but she could only lift a kettle with her right hand. She was unable to open jars and bottles and required assistance from family members. She carried shopping in her right hand only. She was unable to lift pots and pans and could only vacuum with difficulty. She was an avid organ player and was unable to play at all for the first 10 weeks post accident. Her playing was restricted thereafter.General damages £12.4.

Case Study 5

The claimant sustained a penetrating laceration to the left lower back when he fell against an exposed bolt on a gatepost at the tenanted family home. After the accident he had a puncture wound to his left lower back region and was immediately taken to hospital. The wound was found to be a few millimetres deep and was explored, cleaned and sutured under local anaesthetic. He was then discharged. No internal structures were affected.

He was subsequently seen on several occasions by a nurse at his local GP practice for the wound to be dressed. For up to six months after the accident, the claimant experienced some residual pain in the region of the wound, on bending down or after physical activity. He felt that the skin around the wound site was tight. Once the wound had healed the claimant was left with an oblique scar that was 4 cm long and keloid. He was concerned about the appearance of the wound and he was reluctant to remove his top, particularly in hot weather.

Three years after the accident the scar was still visible from conventional distances. The expert advised that the scar was permanent, but should fade with time, and the cosmetic implications were thus regarded as minor. The claimant had been absent from school for two weeks after the accident and been unable to participate in physical sport for two months. He suffered sleep disturbance over a similar timeframe. General damages £3.4k.

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