Award of compensation for psychological injury after minor road traffic accident.

Kim Daniells has recently settled a claim for a Claimant who suffered significant psychological injuries after a road traffic accident which caused only relatively minor physical injuries.

The Claimant in the case was a pedestrian struck by the motorcycle which was travelling against the flow of traffic on a busy street.  Fortunately, the impact occurred at a low velocity and the Claimant’s physical injuries were relatively minor. The Claimant was helped up from the road by colleagues prior to being taken to hospital for assessment and treatment.

The Claimant went on to make a reasonably good recovery from the physical injuries, and did not sustain any fractures, but continued to be troubled by significant psychological symptoms.

The symptoms experienced made it difficult for the Claimant to return to pre-accident employment on a full time basis.

Thereafter, the Claimant made adjustments to working and living arrangements in an effort to manage the continuing symptoms.  Sadly, the adjustments made by the Claimant resulted in the loss of a significant amount of income.

Liability for the accident was never in dispute and medical evidence was obtained from a number of experts, including a clinical psychologist.

The psychology evidence suggested that although well intentioned, the Claimant’s efforts to manage symptoms had actually perpetuated the level of psychological suffering.   The psychologist recommended specific therapy that should assist the Claimant in coming to terms with the accident and its aftermath and in resuming the lifestyle enjoyed prior to the accident.

Negotiations were entered into and after preliminary offers from both parties were rejected, the Claimant accepted an offer well in excess of £25,000.00 in settlement of the claim.

Speaking of the award, Kim Daniells said “I am pleased with the outcome of this claim and with the substantial award that the Claimant has received.   I hope that it will enable access to the support required in order for the Claimant to put this incident and its aftermath firmly in the past. The award should also help to make up for some of the financial impact that the accident has had upon the Claimant.  This was a case which, based upon the physical injuries alone, could have resulted in an award of just a few thousand pounds.  The process of obtaining detailed and compelling psychological evidence to establish the extent of the Claimant’s injury has taken some time and a number of reports.  The Claimant feels vindicated in persevering with this aspect of the claim because it has ensured receipt of an award commensurate with the significant distress and inconvenience experienced.”