Damages In General Insurance Claims
Article by Tom Walshaw and Helen Greenwood
The following report summarises recent awards for general damages made by the courts in civil claims, or by the Criminal Injuries Compensation Board.
Part of Body/Nature
Case
Court/Judge
Date
Age and gender
Brief Details
Award
Facial scars
Pearson (A Child) -v-Maid Marian Food Stores
Nottingham County Court / D J Reeson
Dec 2001
5 Female
Attack by dog. Bite injury to right cheek, scratches to chin, behind right ear and along left thigh. 3cm scar on cheek requiring suturing. Scar 2.3cm long by 4mm, Readily apparent on inspection at conversational distance. Revision surgery possible. Sleep disturbance for 6 months, nightmares for 2-3 months. Phobia of dogs for 1 year.
7,500.00
Neck
Cerikan -v- Naismith
Cheltenham County Court / D J Reed
Dec 2001
42 Male
Road Traffic Accident. Whiplash injury to neck. Pre-accident symptoms of cervical spondylitis significantly aggravated. Severe neck pain and headaches. Difficulty sleeping for 6 months. Unable to drive. Required help with personal care and housework. After 6 months neck pain and headaches improved considerably. Return to pre-accident state 10 months after accident.
4,000.00
Severe brain Damage
Kilbride -v- Leeds NHS Trust
QBD/ Judge Cockroft
Oct 2001
20 Female
Bowel surgery performed due to severe inflammation of the colon. Claimant became septicemic with associated restriction of oxygen leading to respiratory cardiac arrest. Resulting brain injury caused psychotic thoughts, depression, childish behaviour, memory impairment and low concentration. Some incontinence. Incapable of managing own affairs or living independently.
100,000.00
Respiratory organs and chest - spine below neck.
Lomas -v- Leebetter
Sheffield County Court / Judge Peter Jones
Dec 2001
41 Male
Road Traffic Accident. Soft tissue injuries to wrist, knee and neck all resolved within 2 months. Chest injury involving upper ribs resolved within 18 months. Damage to nerve in thigh causing permanent numbness. Soft tissue injury to upper lumbar spine, settled in 18 months. History of lower lumbar back pain pre-accident. 2 year acceleration.
6,500.00
Hand
Harvey -v- Tesco Plc
Pontypridd County Court / D J Doel
Jan 2002
73 Female
Fall on left (non-dominant) hand causing fracture to arm adjacent to wrist. Plaster cast worn for 6 weeks. Pain and stiffness suffered daily for 3 months post-accident. Mobility gradually recovered. Difficulty with domestic tasks. Small cosmetic defect due to...
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