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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